"She pointed out that the U.S. Supreme Court has referred to Second Amendment rights as applying to "citizens," according to Courthouse News Service. "But at no point in these opinions did the Supreme Court or this circuit, even in dicta, limit 'the people' to citizens," Stranch wrote in the Dec. 15 ruling. "The fact that the Second Amendment certainly encompasses all U.S. citizens does not mean that it excludes those who are not.""
"Judge Amul R. Thapar, an appointee of President Donald Trump, filed a separate opinion concurring in the judgment but disagreed with the majority's conclusion that a person living in the United States illegally could be entitled to carry firearms, according to Courthouse News Service. "'We the people of the United States' means something specific-the citizens of the United States. Constitutional text, founding-era history and Supreme Court precedent all dispositively show this," Thapar wrote."
A three-judge panel of the 6th U.S. Circuit Court of Appeals upheld the conviction of Milder Escobar-Temal for unlawful possession of a firearm under a federal law that prohibits persons unlawfully present in the United States from possessing firearms. The majority noted that the Supreme Court has at times referred to Second Amendment protections as applying to "citizens," but stated that such references do not necessarily exclude noncitizens. Two judges indicated immigrants who have developed substantial connections to the United States could enjoy constitutional protections, including potential Second Amendment rights. A concurring judge argued the Constitution's "We the people" language refers specifically to U.S. citizens.
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