NEW ORLEANS, Louisiana: A U.S. appeals court rejected arguments by a Mexican man convicted of unlawfully having a handgun and upheld a federal law that bars migrants in the United States illegally from possessing guns.
The New Orleans-based 5th U.S. Circuit Court of Appeals said this week that the ban was still valid even after recent U.S. Supreme Court rulings expanding gun rights by requiring firearms restrictions to be in keeping with the nation’s history and tradition.
The panel said those Supreme Court rulings did not undermine an earlier decision by the 5th Circuit holding that the U.S. Constitution’s Second Amendment does not include illegal immigrants.
The ruling came after 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.
Medina-Cantu pleaded guilty and was sentenced last year to 15 months in prison, but he preserved the right to argue on appeal that the gun charge violated his right to keep and bear arms under the Second Amendment.
His lawyers based their argument on a landmark 2022 decision by the U.S. Supreme Court’s 6-3 conservative majority that established a new test for assessing whether modern firearm restrictions comply with the Second Amendment.
Medina-Cantu’s lawyers did not respond to requests for comment.
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Publish date : 2024-09-02 15:33:00
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