Posted on September 4, 2024

Court Upholds Gun Ban for Migrants in US Unlawfully

Nate Raymond, Reuters, August 28, 2024

A U.S. appeals court upheld a federal law that bars migrants who are in the United States illegally from possessing guns, rejecting arguments by a Mexican man convicted of unlawfully having a handgun that the ban was unconstitutional.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals said on Tuesday that the ban was still valid even after recent U.S. Supreme Court rulings that have expanded gun rights by requiring firearms restrictions to be in keeping with the nation’s history and tradition.

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“We should not extend rights to illegal aliens any further than what the law requires,” U.S. Circuit Judge James Ho, a conservative appointee of Republican former President Donald Trump, wrote in a concurring opinion.

The ruling came in an appeal by Jose Paz Medina-Cantu, who had been arrested by U.S. Border Patrol agents in Texas in 2022 and charged with illegally possessing a handgun and unlawfully re-entering the country after being previously deported.

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