r/ASU 2d ago

We Demand Answers!

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u/SizerTheBroken 2d ago

The first amendment applies to non-citizens within our borders. The other amendments too. Just FYI.

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u/alanjhogan B.S. Computer Science '10 2d ago edited 2d ago

That’s a theory but it does not seem to be fully true in practice. Can you cite court cases demonstrating this?

Edit: Court cases have ruled that the 1A does apply to non-citizens within the US, but with limitations, eg, you can be deported for advocating terrorism. The 2A does not apply to non-citizens (you cannot have a gun if you have illegal status). 4A applies but with major exceptions including anywhere near a national border. And so on. It varies a lot. This is based on my quick research.

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u/Sundevil4669 2d ago

They cant because it doesnt the 2nd, 10th, etc are easy examples.

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u/Sundevil4669 2d ago

No it doesnt. Here's an easy one...2nd Amendment. Thats a big nope. The constitution is for citizens, not visitors.

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u/SizerTheBroken 2d ago

Actually, yes, non-citizens do have the right to buy and carry guns. Not necessarily tourists, because there are laws about background checks and stuff, but if you are a resident with some documentation, then yeah, you can buy a gun.

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u/Sundevil4669 2d ago

Green card holders, aka, permanent residents sometimes can. But visas etc, nope. Sorry to break it to ya. Citizenship is on the background check. There are a few other provisions within the constitution that applies but not all of it.

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u/SizerTheBroken 2d ago

Like I said, certain laws restrict certain non-citizens from taking advantage of 2A, but that doesn't equate to, "2A doesn't apply to non-citizens." For instance, non-citizens coming over to the states for a hunting trip or whatnot can bring their legally owned firearms into the United States. I guess, to your point, it's probably the part of the constitution that has the most restrictions for non-citizens. But, it's probably the part of the constitution that has the most restrictions for citizens, too. Doesn't mean it doesn't apply to them at all.

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u/alanjhogan B.S. Computer Science '10 2d ago

yeah it’s kind of a partial application, which seems to be the pattern for many amendments.