- Nov 21, 2018
Judge Menashi finds that Heller limited the Second Amendment to "citizens."
JOSH BLACKMAN | 7.31.2021 2:33 PM
The Second Amendment provides "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The Framers used the word "people," and not the word "citizen." Does this right apply only to U.S. citizens, or does it apply to all people in the United States? Since Heller, the circuit courts have split on this question. In 2015, I wrote about Judge Wood's Seventh Circuit opinion, which found that aliens were protected by the Second Amendment.
On Thursday, a Second Circuit panel declined to resolve this issue in United States v. Perez. However, Judge Menashi concurred, and found that only citizens are protected by the Second Amendment. This conclusion follows from Heller, which repeatedly used the word "citizen."
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