Federal Appeals Court Rules that Illegal Aliens have a Second Amendment Right to Keep and Bear Arms

Just when you thought the folks in the black robes couldn’t get any more irresponsible (see Federal Judge Dolly Gee’s order that illegal alien minors in detention be released immediately) along comes the 7th Circuit Court of Appeals to prove us wrong (again).

6981689509_53ecd47672Last week, a three-judge panel of the 7th Circuit Court of Appeals ruled that illegal aliens have a Second Amendment right to keep and bear arms. The ruling came in the case of Mariano Meza-Rodriguez, an illegal alien from Mexico who was arrested after a 2013 bar brawl in Milwaukee and was found to have a gun in his pocket. A lower court judge ruled that, as an illegal alien, Meza-Rodriguez is not protected by the Second Amendment. The three wise appellate court jurists disagreed, unanimously. “We see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded,” Chief Judge Diane Wood wrote.

The ruling applies to illegal aliens who live in Illinois, Indiana and Wisconsin. Three other federal courts have ruled that illegal aliens do not have a constitutional right to own guns. How illegal aliens in the three states covered by the 7th Circuit might meet the legal requirements to purchase a firearm is another question (for perhaps another lawsuit by the ACLU). In Illinois, for example, “Prospective gun owners are asked to provide particulars like name, address, gender, race, height, weight, eye and hair color as well as driver’s license and Social Security numbers.” Since Illinois driver’s licenses issued to illegal aliens are clearly marked, “NOT VALID FOR IDENTIFICATION,” and illegal aliens do not have valid Social Security numbers, can a lawsuit contending that illegal aliens are being denied their constitutional rights be far behind?

Perhaps even more perplexing is that despite ruling that Meza-Rodriguez had a constitutional right to carry his gun into a Milwaukee bar, the three-judge panel refused to overturn his conviction for illegal possession of a firearm. The judges agreed that the federal ban on illegal aliens possessing weapons is valid. As a result of his felony conviction, Meza-Rodriguez was deported. Meza-Rodriguez’s attorney can’t figure it out either and will ask the decision be reviewed by the full 7th Circuit.

avatar About Ira Mehlman

Ira joined FAIR in 1986 with experience as a journalist, professor of journalism, special assistant to Gov. Richard Lamm (Colorado), and press secretary of the House Defense Appropriations Subcommittee. His columns have appeared in National Review, LA Times, NY Times, Washington Post, Newsweek, and more. He is an experienced TV and radio commentator.


  1. avatar mike says:

    I,am with JO Hughes……

  2. avatar BeResponsible2 says:

    Title 18 U.S.C. 922 (g)(5) “…It’s unlawful for an Illegal Alien to possess a firearm or ammunition.”

    Of interest…. U.S. v. Portilla-Munez – The u.s.court of appeals for the 5th Circuit Court held that, “Illegal Aliens are not part of “the People” protected by the 2nd Amendment and has No Constitutional Right to bear arms.”

    “Any country without the Rule of Law is nothing more than just another Combat Zone with no (R.O.E.) rules of engagement.”

    …think about it.

  3. avatar Steven says:

    Nothing new here, ALL the illegals that are criminals have guns already!!!!!! And they will continue to have them no matter what a really stupid judge says.

  4. avatar silverfox says:

    are these judges dumb like obuma thank god for donald trump.

  5. avatar Concerned Citizen says:

    You just wait, we will get Trump in and SHIP YOUR ILLEGAL *** OUT!! Hope you like to dine on Chihuahuas because that’s what you will be eating for breakfast, lunch AND DINNER when we ship your ILLEGAL BLOOD SUCKING *** OUT!!!

  6. avatar Dr Jack W says:

    Belonging to a “well regulated militia” seems to be the qualification for gun possession. It should be limited to those (males only, of course), who, once per month may pick up their powder and balls, take their musket from above the fireplace, and tramp down to the village green, where they will perform maneuvers under the watchful eye of their elected captain. They will receive instructions on how to ferret out British spies and report them to the appropriate freeloader–er, freeholder.

    • avatar Shavager says:

      Dr. JACK–apparently these Judges CAN’T READ FEDERAL LAWS! It is a FELONY VIOLATION OF LAW to provide an ILLEGAL ALIEN with a FIREARM OR BULLETS!

  7. avatar Maggietish says:

    Judges take the oath to uphold the Constitution of United States and the laws of this land when they are sworn in. Obviously the three judges have chosen to ignore the laws of the United States and twist our laws for their own far left opinions and beliefs. Where is the justice here? “Illegals” are here illegally and they have no rights. If they do work at all they don’t pay taxes but there certainly take advantage of all the entitlement programs available in the United States even though they’re here “illegally.” The fact that these entitlement programs are paid by working American taxpayer dollars obviously means nothing to the judges. Is it total betrayal to the United States and American citizens. What is happening in this country? Possibility is that Obama appointed these judges and they’re going to rule the way that he dictates them to rule even if it’s against the law of this nation. Because of Obama’s policies we have thousands of “illegals” crossing our borders every week who go on welfare immediately and enjoy every other entitlement program including food stamps, housing assistance, medical and educational assistance. Again, this burden is all on the backs of taxpaying Americans. The Obama administration and the Democrats have betrayed this nation and the American people and now our federal judges have joined in on that betrayal. Is there any doubt why people are supporting Donald Trump. He certainly has my vote and then go to most people that I know. He American people have had enough but even at the politicians don’t want to pay attention to the will of the people, they certainly will be forced to in 2016.

  8. avatar wmagg says:

    Just one major problem with this ruling It IS total BU!! SH!T

    It IS a criminal offense ( a FELONY ) for a person in this country illegally to own or posses a firearm
    It IS also a federal offense for any person to transport into this country any firearm without the proper import license
    It IS a criminal offense for any person to sell or provide to any person illegally in this country any firearms.
    ect.. There are currently over 100 laws on the books for more than forty years that make it illegal for any person in this country illegally to own or have a firearm in their possession.
    Any such ruling by any court in this nation is a violation of the law and the action of a criminal and despotic court action by a criminal court attempting to legislate from the bench. As such the action of this court is criminal in it’s action and intent and is therefore unenforceable and deliberate reason for the people to take action directly against the court and those members of the court who would violate the laws of this nation.
    We The People reserve the right to refuse to abide by the decision of the court when those decisions are in violation of the laws of this nation and not in the best interests of the people. This is a nation of laws agreed to by the people to be in the best interests of the people and these laws apply to everyone in this nation equally or they apply to no one at all.

    • avatar Landlocked says:

      If laws are not enforced by the courts, then “we the people” need to demand the violators (judges) be removed from office. Federal and State governments Supreme Courts need to overturn these outrageous decisions.

  9. avatar Clay says:


  10. avatar Rossbach says:

    It seems that if illegal aliens have the protection of the 2nd Amendment because they are physically present in the US, then there is really no reason why they should be denied the right to vote, hold public office,etc. In other words, there is no legal difference between an illegal alien and a citizen.

    Obliterating the distinction between citizens and non-citizens is a good strategy for denationalizing the US, if that is the intent.

    • avatar DeusleVolt says:

      Time to get rid of these “activist” judges and the subversive, anti-American Left ACLU. This ruling looks like a conspiracy to allow more acts of gun violence, which will perpetuate the Left’s call to disarm ALL Americans. Everything the Left does is another step towards a totalitarian government.

    • That is exactly the intent, Rossbach. But try to exercise your US Constitutional rights in Mexico and see where it lands you. Every member of the Bench who has handed down such asinine opinions should be impeached and locked up in an insane asylum. They walk all over the rights of American citizens and grant relief to ILLEGAL ALIENS who have NO enumerated rights under the US Constitution.

  11. Well, isn’t that interesting that illegal immigrants have the right to the second amendment to carry guns but legal Americans are not allowed to keep their guns. That is obama’s thinking and as usual he thinking is backwards. Now how is the Court going to explain that illegals have the right to have guns while legal Americans do not have the right. Of ccourse if you watch the news you will note that there is a large criminal element in the illegal immigrant sector that have committed murders and rapes as well as robbery and of course they had a gun.

    • avatar Marc Goldstone says:

      By this tortured and self serving Liberal decree, all prisoners should be able to have guns while in prison and after release. After all it wouldn’t be fair to take guns away from a particular class of people… Bazinga!

  12. avatar A Reader says:

    That court, by including illegals into the category “The People” blatantly violated the Supreme Court ruling in US vs. Verdugo-Urquidez.

    According to that ruling, the term “the people” means:

    “a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community”


    • avatar Joe says:

      It appears to me we have reached the stage where a first grader or a moron can either get elected to or appointed to a court as a judge. This reflects our national state of “intelligence!” It says we are a nation of morons and corrupt politicians. And that includes you, too, Obama, the faggot and druggy!

    • avatar william says:

      I’ll be glad to see this admin go, maybe some of my rights given to illegals will come back to me,,,,,,,,,, AKA VA benefits, & a pay raise.

  13. I am so confused The last time I checked the supreme court over-ruled any other courts decisions. In this instance, the judges are deciding that the illegal aliens have the right to bare arms based on our constitutional rights as citizens. That in itself makes no sense because illegal aliens are not citizens of the US. I think they realize they have made a mistake on their decision and they try to save face by stating that the original courts decision will withstand.

  14. avatar neerg says:

    these judges made foolish judgments. trump identifies these reckless judges as not smart people, their rulings are ruining this nation. the lawyer of the illegal alien with a gun may well be handed the favor upon review of the judges demented decisions.

    • avatar Horatius at the bridge says:

      The judiciary in this country was structured for honest, objective law following judges. We have so few judges that fit this description, the structure must be flawed. The judiciary as a body has failed this country miserably.

    • Idiots! How can they have Constitutional-rights when they aren’t citizens? Makes NO sense!

  15. avatar Richard Nichols says:

    Really???? So it is *********** on citizens. I think we should make all liberals put a “GUN FREE ZONE” sign in their front yards! Because then the illegals and bad guys will go to the next house…..snicker….snicker….

  16. avatar BillT says:

    In Mexico its citizens are allowed to keep firearms but are not allowed to carry or conceal them. As an American citizen in my state I must have a gun permit to carry a concealed weapon. I guess according to the 7th Circuit residents in those states don’t need gun permits allowing them to carry concealed weapons since the second amendment allows us to keep and bear arms.

    I guess all rights afforded to American citizens automatically become the rights of any foreigner who sets foot on American soil. Strange ruling. The judges had to be aware of the other rulings made denying illegals these rights. So I would love to hear their rational for overturning the other Federal Court rulings.

    • Its Just Like “One Flew Over the Cuckoo’s Nest”

      We live in an imaginary mental institution and the inmates [voters] are told to shut up and swallow pills, so they don’t care.

      • I believe that the judges realized they made an error in their decision . That’s why they stated that the original courts decision would withstand to save face. According to the US CONSTITUTION it would be illegal for a non citizen to bare arms …meaning an illegal alien