9th Circuit says 2nd Amendment does not cover legally present but nonimmigrant aliens

[KLB]

Federal law bans illegal aliens from possessing guns, see 18 U.S.C. § 922(g)(5)(A), which applies to anyone "who, being an alien" "is illegally or unlawfully in the United States." No problem, all federal courts who considered the issue have said. Indeed, the Ninth Circuit so held in U.S. v. Torres this January.

But the very next subsection, § 922(g)(5)(B), also bans gun possession by legal aliens who have been admitted "under a nonimmigrant visa." In today's U.S. v. Singh, the Ninth Circuit upheld that, but using logic that strikes me as hard to defend.

1. The Second Amendment speaks of "the right of the people" to keep and bear arms. One could argue that "the people" includes only citizens, or citizens plus permanent residents, and not long-term visitors such as Jose Susumo Azano Matsura:

Azano ran a successful technology business based in Mexico City, but maintained a family home in San Diego. Although Azano's wife and children are United States
citizens, he is neither a naturalized United States citizen nor a permanent resident. Azano, a citizen of Mexico, entered the United States in January 2010 on a B1/B2 visa, which allows visitors entry for pleasure or business if the noncitizen "intends to leave the United States at the end of the temporary stay." Azano traveled weekly back and forth from San Diego to Mexico City for business purposes.

https://reason.com/2019/05/16/even-lega ... nt-rights/

[Scott B.]

What a mess. There are a ton of folks on non-immigrant visas (visiting students, work visas, etc) that have legally purchased firearms.

Off to see what our industry lawyer types are saying and if I have read this wrong.

[Jusme]

Will this suddenly turn, otherwise law abiding, non immigrants, into criminals, for possessing firearms?
This will have a ripple effect, in that it will make the job, of gun dealers, even more difficult, since they will have to spend so much extra time, sorting through, all of the different visa designations, immigrant status statutes, etc, and will more than likely, result in people being denied, the ability, to purchase firearms, even if they are legally able to do so.

[ScottDLS]

Will this suddenly turn, otherwise law abiding, non immigrants, into criminals, for possessing firearms?
This will have a ripple effect, in that it will make the job, of gun dealers, even more difficult, since they will have to spend so much extra time, sorting through, all of the different visa designations, immigrant status statutes, etc, and will more than likely, result in people being denied, the ability, to purchase firearms, even if they are legally able to do so.

Not the way I read it. It simply says that non-immigrant aliens don't have the right guaranteed by the Constitution. Federal law provides mechanisms for non-immigrant aliens to purchase and possess firearms and many states have no additional restrictions, so I don't see what changes.