Federal Ban on Noncitizen Gun Possession Ruled Constitutional

May 5, 2026, 9:03 PM UTC

A federal statute prohibiting noncitizens who are in the US illegally from possessing firearms is constitutional, a federal appeals court ruled Tuesday.

The restriction fits within the historical tradition of firearm regulations the government presented, as required under US Supreme Court precedent, the US Court of Appeals for the First Circuit said.

Limits on firearm possession at the Founding based on loyalty to the government—which included disarming groups such as Native American tribes, even if they didn’t pose a physical threat—are relevantly similar to support the restriction here, Chief Judge David J. Barron wrote.

Noncitizens in the country illegally ...

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