United States v. Manuel Torres

The Ninth Circuit affirmed defendant's conviction for possessing a firearm while being an alien unlawfully in the United States. The panel assumed without deciding that unlawful aliens in the United States held some degree of rights under the Second Amendment and held that 18 U.S.C. 922(g)(5) is constitutional under intermediate scrutiny. The panel held that the government's interests in controlling crime and ensuring public safety are promoted by keeping firearms out of the hands of unlawful aliens—who are subject to removal, are difficult to monitor due to an inherent incentive to falsify information and evade law enforcement, and have already shown they are unable or unwilling to conform their conduct to the laws of this country. View "United States v. Manuel Torres" on Justia Law