Appeals Court Issues Landmark Second Amendment Ruling

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A federal appeals court has ruled that illegal immigrants don’t have Second Amendment rights, reinforcing a key distinction in U.S. gun laws.

The decision, handed down by the Fifth Circuit Court of Appeals, upholds existing restrictions on firearm possession by those in the country unlawfully.

The case centered on Jose Paz Medina-Cantu, arrested in July 2022 for having a gun while being in the U.S. illegally.

Medina-Cantu tried to challenge the charges, citing the Supreme Court’s 2022 Bruen decision that expanded gun rights. But the appeals court wasn’t swayed.

Instead, the judges leaned on an earlier ruling, United States v. Portillo-Munoz, which bars illegal aliens from owning guns or ammo.

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They made it clear: the Bruen decision didn’t change this ban.

“The Second Amendment doesn’t cover people who are here illegally,” the court said, in essence.

It’s a reminder that constitutional rights don’t extend to everyone within U.S. borders.

This ruling comes at a time when both immigration and gun rights are hot-button issues.

It draws a clear line: if you’re not here legally, you don’t get the same gun rights as citizens or legal residents.

The timing is notable, given the recent Supreme Court decision in United States v. Rahimi from 2024.

But the Fifth Circuit judges said Rahimi doesn’t undo the gun ban for illegal immigrants.

The Justice Department weighed in too. In a recent brief, they argued that laws stopping illegal immigrants from having guns are still valid.

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They pointed out that the Rahimi decision talked about gun rights for “ordinary citizens” – a category that, in their view, doesn’t include those here illegally.