Do Not Have Second Amendment Rights Assignment
In the following article critique paper the article concerning the Second Amendment and the rights of U.S. non-citizens will be considered. The main question discussed in the article is if illegal aliens residing at the territory of the USA have the right to carry weapons. One more question the explanation of which is given in the article, is the definition of the term “the people” according to the U.S. Constitution.
To start with, it is necessary to analyze the facts which are described in the article. According to the article, the Second Amendment gives the individuals the right to possess firearms, which can be used for self-defense. At the same time, the article gives the explanations about the following regulation. The following right is entitled to all “people”, which can also be equal to the term “all American citizens”.
Along with the descriptions of the legal norms and standards, the case describes the case of Armando Portillo-Munos, an illegal alien and the citizen of Mexico, who first entered the USA on legal basis in 2005, but after half a year left the country. In 2009 Portillo-Munos reentered the country illegally and was caught by the police being not able to present the valid documents which would enable him to stay in the country, and also possessing firearms. Portillo-Munos explained, that he used the firearms to protect himself from wild animals of the farm where he worked, however, the following statement did not give him the right to possess and use the firearms on legal basis.
During the case hearing Portillo-Munos tried to prove that he had enough legal basis to stay in the county and possessed legal rights, as he has been living in the USA for 18 months, paying rent and gave financial support to other people. Speaking further about the case, it appeared to be quite complicated as it was difficult to find the limit between the actions of different Amendments. The author also provided the detailed discussion on the meaning of the term “the people”.
Speaking about the author's intended audience, the article can be useful for lawyers, as it can provide them with information about certain juridical precedent; also it can be used by law students, as on the one hand, it contains information about the certain case, and I believe that the following approach enables students to understand and remember the information better, on the other hand it provides legal explanation of the case materials and provokes treating the case facts from different perspectives.
The third category of people for which the following case can be interesting are people who are facing the same situation as the person whose situation is described in the case. It can help such people to understand all the peculiarities of the legal documents better and be able to protect themselves.
To my mind the following article is quite well-written as it gives the profound understanding of the question and …