Judge Denies Motion to Dismiss Gun Charges Against Undocumented Immigrant

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Judge ruling in a courtroom regarding immigration and gun laws

News Summary

A Clark County judge has rejected a motion to dismiss gun charges against Jorge Miranda, an undocumented immigrant charged with multiple felonies, including second-degree murder related to a fatal fentanyl overdose. The defense argued the charges violate second amendment rights, but the judge maintained that restrictions on gun access for undocumented immigrants are justified for national security. Miranda’s extensive criminal history includes prior convictions for robbery and larceny. His case highlights the ongoing complexities of immigration law and gun control.

Las Vegas, NV – A Clark County District Court judge has denied a motion to dismiss gun charges against Jorge Miranda, an undocumented immigrant facing multiple felony charges, including second-degree murder, related to a fatal fentanyl overdose last year. Miranda’s defense argued that the charges infringed upon his Second Amendment rights, to which the judge responded that the laws restricting access to firearms for undocumented immigrants are justified by national security concerns.

Miranda, who has a lengthy criminal history dating back to the 1990s with prior convictions for robbery, petit larceny, and grand larceny, was arrested in February 2024 after being found in possession of a firearm. At the time of his arrest, he had two active warrants for a drug-related case and a traffic violation, and he was confirmed to be illegally present in the U.S. by U.S. Immigration and Customs Enforcement (ICE).

In May 2024, a grand jury indicted Miranda on 17 felony charges, including ownership or possession of a firearm by a prohibited person, tying his firearm possession to his immigration status. The prosecution alleges that Miranda sold fentanyl pills to a fatal overdose victim, which was brought to light after the victim’s family member reported text messages indicating fentanyl transactions with him. During an undercover operation, police reportedly discovered 20 fentanyl pills in Miranda’s possession, which he was selling for $400. Additionally, authorities found over 174 grams of fentanyl and 243 grams of cocaine in his home, along with drug packaging materials.

The defense argued that the Nevada law prohibiting firearm possession by undocumented immigrants violates the Second Amendment. However, the Clark County District Attorney’s office opposed this motion, affirming that undocumented individuals do not possess the same rights regarding firearm ownership as citizens or legal residents.

Miranda’s arrest and subsequent legal challenges bring attention to the complexities surrounding immigration status and criminal charges. His previous deportation in 2016, coupled with an expired visa, raises questions about the rights of undocumented immigrants in legal proceedings. His case is part of a broader discussion about the implications of gun control laws and immigration policies.

While Miranda has had multiple bail hearings, the most recent bail amount has been set at $250,000, alongside additional requirements for high-level electronic monitoring and a source hearing to establish the legitimacy of bail funds. His next court date is scheduled for August 6, 2025.

The ramifications of Miranda’s case highlight ongoing debates over how immigration status intersects with legal rights and responsibilities in the United States, particularly concerning issues of drug trafficking, public safety, and constitutional rights.

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