Unlawful alien, caught possessing a firearm, is charged with violating a federal law that categorically bars unlawful aliens from possessing firearms. Defense: That law violates the Second Amendment. Ninth Circuit: We’re not sure whether the Second Amendment applies to unlawful aliens in the first place, but even if it does, this law passes muster. It’s sufficiently tailored to the government’s crime-control interests since unlawful aliens are subject to removal, are often hard to trace, and “have already shown they are unable or unwilling to conform their conduct to the laws of this country.”
Did Hell freeze over? The Ninth Circus got one right!