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Appeals Court Rules Illegal Migrants Cannot Claim Second Amendment Rights

The Fifth Circuit affirms that federal law barring undocumented immigrants from gun ownership is constitutional.

SAN DIEGO, CA - JUNE 13: Migrants are processed by the U.S. Border Patrol near the Jacumba Hot Springs after crossing the US-Mexico border on June 13, 2024 in San Diego, California. (Photo by Qian Weizhong/VCG via Getty Images)
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Overview

  • The ruling upholds a federal prohibition against illegal immigrants possessing firearms.
  • A three-judge panel cited that the Constitution's protections do not extend to those unlawfully in the U.S.
  • The decision follows an appeal by Jose Paz Medina-Cantu, convicted of illegal gun possession.
  • Medina-Cantu's argument was based on a recent Supreme Court ruling expanding gun rights.
  • The court maintained that historical precedent does not support extending Second Amendment rights to illegal migrants.