Yesterday’s ruling in U.S. v. Medina-Cantu by Judge Carolyn Dineen King and Kurt Engelhardt is discussed:
In a previous case, U.S. v. Portillo-Munoz (5th Cir. 2011), it was established that 18 U.S.C. § 922(g)(5), which prohibits an illegal alien from possessing a firearm or ammunition, is consistent with the Second Amendment. In the current case, Defendant-Appellant Jose Paz Medina-Cantu challenges § 922(g)(5) on Second Amendment grounds, citing recent Supreme Court decisions in New York State Rifle & Pistol Ass’n v. Bruen (2022) and U.S. v. Rahimi (2024).
The court agrees with the Government and affirms that the Supreme Court’s rulings in Bruen and Rahimi do not invalidate Portillo-Munoz‘s precedent. Therefore, in accordance with the circuit’s rule of orderliness, Portillo-Munoz must be followed.
While acknowledging arguments for reconsideration of Portillo-Munoz post-Bruen and Rahimi, it is noted that Portillo-Munoz did not include a historical analysis of the Second Amendment, relying on Heller instead. The discussion in Rahimi suggests that the Supreme Court may reject arguments that certain individuals are excluded from the Second Amendment’s protection, but until a clearer indication is given, only the Supreme Court or the court sitting en banc can overturn precedent.
Judge Jim Ho concurred, affirming that Portillo-Munoz is in line with Bruen and Rahimi:
The defendant argues that recent Supreme Court decisions render Portillo-Munoz obsolete, but there is no basis to question the existing precedent.
It is established that illegal aliens do not possess Second Amendment rights. The Court has clarified that “the people” in the Constitution refers to a specific group of individuals connected to the national community, a definition that does not encompass illegal aliens.
Illegal aliens do not meet the criteria set forth in previous rulings, and it is clear that they cannot claim the protections of the Second Amendment.
Government representation is provided by Eileen K. Wilson, Carmen Castillo Mitchell, and Charles McCloud.
