In a recent ruling by a federal appeals court in New Orleans, it was determined that illegal migrants do not have the right to bear arms under the Second Amendment. The case involved Jose Paz Medina-Cantu, a Mexican man who was convicted of illegally possessing a handgun. Despite arguments that the ban was unconstitutional, the court upheld federal prohibitions on illegal immigrants owning firearms, stating that Second Amendment rights do not apply to those who have entered the country illegally.
Medina-Cantu, who had been arrested by Border Patrol agents in Texas in 2022, pleaded guilty and was sentenced to 15 months in prison. His lawyers based their argument on the Supreme Court's 2022 decision in New York State Rifle and Pistol Association v. Bruen, which established a new standard for determining whether a law violates the Second Amendment. However, the three-judge panel in the 5th U.S. Circuit Court of Appeals maintained that the plain text of the Second Amendment does not encompass illegal aliens.
U.S. Circuit Judge James Ho, a conservative appointee of Republican President Trump, wrote in a concurring opinion that illegal aliens are not part of 'the people' entitled to the protections of the Second Amendment. He emphasized that those who are excluded from the country cannot assert the rights of citizens or otherwise.
The ruling sets a precedent for future cases involving gun rights for illegal immigrants and highlights the ongoing debate over Second Amendment rights and immigration laws. As the legal landscape continues to evolve, it will be crucial for lawmakers and legal experts to navigate these complex issues while upholding the principles of the Constitution.