Gun News

7th Circuit Court Drops the Hammer: Illegal Aliens Have No 2nd Amendment Rights

The battle over the meaning of “the people” in the Second Amendment just got a big update. In a unanimous 3-0 decision, the U.S. Court of Appeals for the Seventh Circuit ruled this week that illegal aliens have no constitutional right to keep and bear arms.

This landmark case—United States v. Carbajal-Flores—was brought after Heriberto Carbajal-Flores, a Mexican citizen unlawfully in the U.S., was arrested for firing a pistol in Chicago during the 2020 riots. He argued that the Second Amendment protected his right to carry a gun for self-defense.

The court disagreed, finding that America’s tradition of tying gun rights to loyalty and citizenship stretches all the way back to the Founding Era—and even earlier.

What the Court Actually Said

Writing for the panel, Judge Brennan didn’t mince words:

“From the colonies to—most critically—the early Republic, governments consistently conditioned the ability to possess firearms on one’s loyalty to the sovereign. People outside the polity were regularly disarmed unless and until they swore an oath of allegiance. This provides strong historical evidence that the Founders would have considered such regulations compatible with the Second Amendment.”

Put simply: if you haven’t pledged allegiance to America, you don’t get to claim its constitutional protections—especially when it comes to firearms.

The court explained that this principle wasn’t new. Back in colonial times, even white settlers who refused to swear loyalty to the revolutionary cause were disarmed. Slaves and Native Americans were barred from bearing arms too—not merely because of race, but because they were viewed as outside the “national community.”

“Aliens, as a matter of their status, have not yet affirmed their allegiance to the sovereign. That has uniformly served as the basis for disarming them.”

How This Fits With Bruen & Heller

After the Supreme Court’s 2022 Bruen decision, courts have been re-evaluating gun laws based on whether they fit America’s “historical tradition.” Flores argued that because he lived in the U.S. for years, he should count as part of “the people” protected by the Second Amendment.

But the Seventh Circuit said even if Flores fell under “the people”, the government carried its burden by showing a long history of restricting guns to those loyal to the nation.

“Section 922(g)(5)(A) is thus sufficiently analogous to many earlier firearm regulations. Because the law ‘comport[s] with the principles underlying the Second Amendment,’ we hold that it overcomes Carbajal-Flores’s facial challenge.”

A Major Win for 2A Logic

Second Amendment attorney Mark Smith, host of Four Boxes Diner, broke it down bluntly in his reaction video:

“There’s no way, no how that individuals here illegally are going to be deemed to have Second Amendment rights. Period. Full stop.”

This ruling aligns with decisions from other federal circuits. The Fifth and Eighth Circuits have also said that people in the country illegally can’t claim Second Amendment protection.

Why This Matters for U.S. Gun Owners

This case reinforces something many gun owners have long argued: the right to keep and bear arms isn’t just about geography—it’s about being part of “We the People.”

It’s not about whether someone is dangerous or peaceful. It’s about allegiance. As the court wrote:

“The unfortunate practice of disarming slaves and Native Americans survived the Revolutionary War, confirming the Founders adhered to the tradition of barring groups deemed outside the polity from keeping arms.”

In today’s context, the court found this tradition extends to illegal aliens.

Could This Reach the Supreme Court?

With several appeals courts now in agreement, it’s likely only a matter of time before the Supreme Court gets asked to weigh in. When that happens, expect major fireworks.

For now, though, the Seventh Circuit’s ruling stands as a strong precedent and a reminder that the Second Amendment is deeply tied to loyalty, citizenship, and the responsibilities that come with being a U.S. citizen, not border crashers.