U.S. v. Mega-Rodriguez

Dist. Ct. did not err in denying defendant-alien’s motion to dismiss his indictment charging him with crime under 18 USC section 922(g)(5), which prohibits foreigners who are not entitled to be in U.S. from possessing firearms, even though defendant argued that section 922(g)(5) violated his 2nd Amendment rights. While Ct. of Appeals disagreed with Dist. Ct.’s holding that 2nd Amendment did not protect unauthorized aliens, it further found that Second Amendment did not preclude certain restrictions on right to bear arms, including instant restriction under section 922(g)(5), where unauthorized aliens often live outside normal system of registration and identification and are more difficult to trace.