"That Congress saw fit to exclude illegal aliens from carrying guns may indicate its belief, entitled to our respect, that such aliens, as a class, possess no such constitutional right," the court said.

Court affirms illegal immigrants can't have guns

A federal appeals court has rejected an illegal immigrant's claim that the Second Amendment guarantees him the right to bear firearms.

Emmanuel Huitron-Guizar of Gillette, Wyo., had argued that illegal aliens are guaranteed certain other rights by the U.S. Constitution, such as the right to due process. The Second Amendment provides that "the right of the people to keep and bear Arms, shall not be infringed," and Huitron-Guizar argued he was part of "the people."

STEVEN K. PAULSON, Associated Press
Updated 04:09 p.m., Tuesday, May 8, 2012
DENVER (AP)

But the 10th U.S. Circuit Court of Appeals in Denver ruled that Huitron-Guizar fell under the Gun Control Act of 1968, which forbids gun possession by nine classes of individuals, including illegal aliens.

It conceded there is some argument about the meaning of "the people" and U.S. citizens — but found that Congress had lawfully exercised its power to distinguish between citizens and non-citizens.

"That Congress saw fit to exclude illegal aliens from carrying guns may indicate its belief, entitled to our respect, that such aliens, as a class, possess no such constitutional right," the court said.