The Second Amendment Right to Bear Arms, or Lack Thereof: Assessing the Prohibition of Unlawful Immigrants from Possessing Firearms

Authors

Anna Egensperger

Volume

74

Abstract

This Note looks at the hot button issue of whether unlawful immigrants should have the constitutional right to bear arms. Thus far, the Circuit Courts have come to different conclusions which require the input of the United States Supreme Court. Although intertwined with political views, this Note attempts to take a non-partisan stance which prioritizes the application of case law and a consistent reading of the Constitution. To provide the full context of this issue, this Note begins by describing the facts and holding of Columbia v. Heller which creates the first test for establishing a right protected under the second amendment. Then, the Note describes the different Circuit Court opinions that followed Heller answering whether unlawful immigrants should be allowed to possess firearms. Next, the Note does the same analysis of the case New York State Rifle & Pistol Association v. Bruen and the Circuit split arising from that case. This Note will compare the differences between the two Circuit splits and what questions the United States Supreme Court still have to answer. In conclusion, this Note proposes that should the Supreme Court choose to resolve this Circuit split that 18 U.S.C. § 922(g)(5)(A) is facially constitutional but would likely fail an as-applied challenge. Specifically, this Note suggests that the Supreme Court uphold the possession of legally obtained firearms when used for the purposes of self-defense, in and out of the home.

Recommended Citation

Anna Egensperger, The Second Amendment Right to Bear Arms, or Lack Thereof: Assessing the Prohibition of Unlawful Immigrants from Possessing Firearms, 74 Clev. St. L. Rev. Et Cetera 145 (2026)
available at https://engagedscholarship.csuohio.edu/etcetera/vol74/iss1/6