1st Circuit: Illegal Aliens Don't Have 2nd Amendment Rights

From The Truth About Guns: "Appeals Court Rules That Illegal Immigrants Don’t Have Second Amendment Protections." The article explains:

The ruling revolved around a case involving the prosecution of Alberto Rebollar Osorio, a Mexican citizen who had been living in the U.S. illegally for 11 years when he was taken into custody during a traffic stop in Maine. He had a firearm in his vehicle and was subsequently indicted on a charge of possessing a firearm as an “alien illegally or unlawfully in the United States.”  

Applying the Bruen standard, the 1st Circuit Court of Appeals ruled that 8 U.S.C. § 922(g)(5)(A), which bans illegal aliens from possessing firearms, fits within the history and tradition of this nation’s regulation of firearms rooted in English law and because it was enacted in the context of modern societal concerns about security risks posed by immigrants unlawfully living in this country. The court reasoned:

“The relevant history reveals a longstanding concern about sovereign control over individuals who, although owing a temporary and local allegiance to this country, which subjects them to laws like § 922(g)(5)(A), belong to groups presumed allegiant to a foreign power and have not formally recognized the government’s authority,” Chief Judge David Barron wrote in the court opinion. “And, we further explained there, § 922(g)(5)(A) fits within that tradition as a measure that aims to reduce the threat posed by a group similarly lacking a regulable relationship with the government.”   

They shouldn't have needed to go down that route. The text of 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".  As an illegal, Osorio is clearly not part of "the people". Unfortunately, past Supreme Court decisions have held illegals to be part of "the people" for other provisions of the Bill of Rights. 

    The 7th Circuit had previously also held that illegals do not have Second Amendment rights. As it should be. It is bad enough that the invaders are here, let alone that they be legally permitted to arm themselves.