United States Fourth Circuit

A Mexican citizen's conviction for possessing firearms while being illegally or unlawfully in the United States is affirmed where: 1) the scope of the Second Amendment does not extend to provide protection to illegal aliens, because illegal aliens are not law-abiding members of the political community and aliens who have entered the United States unlawfully have no more rights under the Second Amendment than do aliens outside of the United States seeking admittance; and 2) defendant's Fifth Amendment challenge fails because prohibiting illegal aliens, as a class, from possessing firearms is rationally related to Congress's legitimate interest in public safety.

Appellate Information

• Decided 12/14/2012
• Published 12/14/2012

Judges

• Niemeyer

Court

• United States Fourth Circuit

Counsel