A three-judge panel from the United States Court of Appeals for the Fifth Circuit has reaffirmed that illegal aliens do not have the right to bear arms under the Second Amendment — obviously. This decision, delivered on Tuesday, reinforces the precedent set in United States v. Portillo-Munoz, which prohibits illegal aliens from possessing firearms or ammunition.

The case in question involved Defendant-Appellant Jose Paz Medina-Cantu, who was apprehended on July 13, 2022, for possessing a firearm and ammunition while being illegally present in the United States, as well as for illegal reentry. Medina-Cantu challenged the firearm charges by citing the Supreme Court’s 2022 Bruen decision, arguing that it should nullify the existing prohibition. However, the Fifth Circuit concluded that the Bruen ruling did not impact the legality of the restrictions outlined in Portillo-Munoz.

The panel emphasized that the term “the people,” as referenced in the Second Amendment, does not apply to individuals unlawfully present in the United States. The judges further clarified that the recent Rahimi decision, made earlier this year, did not alter the standing prohibition against illegal aliens owning firearms, maintaining the constitutionality of 18 U.S.C. § 922(g)(5)(A).

In a supplemental letter brief dated July 31, 2024, the U.S. Government argued that illegal aliens remain outside the scope of Second Amendment protections. This stance was submitted following a directive to assess the impact of the Rahimi decision on this issue. The government’s position was clear, asserting that Rahimi actually supports the exclusion of illegal aliens from these protections, highlighting that the Second Amendment applies to “ordinary citizens.”

This ruling solidifies the legal precedent that those who are in the United States unlawfully cannot claim Second Amendment rights, reinforcing the stance that firearm ownership is a privilege reserved for citizens and legal residents.