The categorical ban that prohibits immigrants who are in the U.S. illegally from possessing guns doesn’t violate the Second Amendment, the Second Circuit said Thursday.
The federal law is rationally related to protecting public safety, the opinion by Judge John M. Walker Jr. said.
Javier Perez is in the U.S. illegally. After he discharged a gun to break up a gang fight, he was charged with violating the federal ban.
The Second Amendment says that the right of “the people” to bear arms can’t be infringed. Perez argued that although he’s in the U.S. illegally, he’s still fits into “the ...