Third Circuit Upholds Ban on Firearms for Nonimmigrant Visa Holders

The Third Circuit Court of Appeals dismissed a constitutional challenge brought by Aleman-Lozano, an El Salvadorian who entered the United States unlawfully but later obtained a temporary work visa. After police discovered a loaded pistol in his vehicle during a traffic stop, he was charged under 18 U.S.C. § 922(g)(5)(B), which prohibits nonimmigrant aliens from bearing arms. Judges Patty Shwartz and Theodore McKee affirmed the law, citing English common-law precedents that limited gun rights to subjects loyal to the Crown and Revolutionary-era statutes that disarmed those without pledged allegiance.

They concluded that the modern ban mirrors historical concerns about loyalty and trustworthiness. Judge Peter Phipps concurred, emphasizing that nonimmigrant visa holders, especially those on short-term visas like C-1 transit, lack the sufficient connection to be considered "the people" under the Second Amendment. The ruling preserves the federal restriction and clarifies its application to noncitizen residents. Government attorneys Patrick J. Bannon and Carlo D. Marchioli represented the United States.