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U.S. District Judge Sharon Johnson Coleman ruled on March 8 that a federal law prohibiting illegal immigrants from owning guns is unconstitutional, arguing the law did not adhere to the Supreme Court’s ruling in New York State Rifle and Pistol Association v. Bruen that stipulated gun control laws must fit historical tradition. //
But someone who broke the laws of the land and is illegally residing here is not entitled to the same rights that the Constitution secures for U.S. citizens. Foreign citizens instead must have their rights secured by their own governments.
The Second Amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Supreme Court ruled in D.C. v. Heller that “the people” refers to “all members of the political community.” Foreign citizens are by definition members of a different political community. Writing for the majority, the late Justice Antonin Scalia wrote. “the people” “refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.” //
The topic was also argued more than a decade ago in a different case, with a panel of the Fourth Circuit ruling in U.S. v. Carpio-Leon that “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.”