Third Circuit rules Second Amendment does not shield illegal gun exports to Haiti

In a detailed opinion issued Monday, the Third Circuit Court of Appeals upheld the conviction of Derby Clerfe for smuggling handguns from the United States to the Republic of Haiti in violation of export statutes. Writing for the majority, Judge David Porter, with Chief Judge Michael Chagares and Judge Jane Roth, explained that the Second Amendment’s guarantee to “keep and bear arms” protects the right to possess weapons, not the right to transfer them abroad.

Clerfe’s argument that any regulation imposes an unconstitutional burden was dismissed as circular, and the court noted that historical legislation, including the 1794 export ban and subsequent embargoes, reflects a consistent federal policy restricting arms shipments. The judges concluded that the statutes at issue do not infringe the core right to possess and carry firearms. Government counsel Adam Hallowell and Laura Irwin represented the United States in the case.