It may seem surprising, but many illegal aliens believe that they are entitled to the same Constitutional Rights that are guaranteed to American citizens by our founding documents. In recent years, it's become increasingly common for illegal aliens to attempt to counter legal actions by suing under the First or Fourth Amendments.
So it probably seemed entirely reasonable, after being arrested and indicted by the feds on weapons charges - among other offenses - that the defendant would attempt to argue that federal officials were violating his constitutional rights under the Second Amendment. Hey, it could work....
The case involves a Mexican national, Nicolas Carpio-Leon, arrested and charged for entering the country illegally, using a fake Social Security to obtain a driver’s license and owning two guns. Carpio-Leon has lived in Orangeburg South Carolina for more than a decade and has three American-born children (anchor babies).
In a court motion, he argues that the constitution also applies to illegal immigrants, that they too have the right to keep guns in their homes for their families’ protection. The Second Amendment could not possibly have excluded illegal immigrants, Carpio-Leon asserts in his motion, because when it was enacted “attitudes toward immigration were the reverse of today’s attitudes.”
Oddly, the judges didn't find the argument compelling, and ruled against him. Apparently, Leon and his crack legal representative failed to consider a number of implications inherent in the argument regarding "attitudes" at the time of enactment, for starters.
Give them points for chutzpah, though.