The question of whether illegal aliens should be able to legally possess firearms will probably be settled by the U.S. Supreme Court.
A three-judge panel of the 7th Circuit Court of Appeals ruled August 20 that illegal aliens can be part of "the public" that enjoys a Second Amendment right to possess a gun.
William Gheen, president of Americans for Legal Immigration PAC, disagrees with the assumption that the illegal aliens are afforded Second Amendment rights.
"The constitutional protections are for the citizens of the United States," he says, "and the people that we willingly take into our jurisdiction such as legal immigrants."
People who "break into" the United States, or overstay a visa, are not protected by our U.S. Constitution, he says.
At the same time, however, the 7th Circuit upheld the conviction of an illegal alien who was deported back to Mexico after police found a bullet in his pocket.
Federal law prohibits illegal aliens from possessing guns and ammunition.
The fact that four other federal circuit courts have come to the opposite conclusion of the 7th suggests the issue of whether illegal aliens have Second Amendment rights could eventually be headed to the U.S. Supreme Court.
"How a law can trump an amendment is, I think, the point in dispute," observes Larry Pratt of Gun Owners of America. "And that's what's going to be before the next court if the case gets taken up."
Before the case is taken to the Supreme Court, the entire 7th Circuit Court of Appeals is expected to review the case.