Does the Second Amendment apply to Legal Resident Aliens?

April 21st, 2011

The Second Amendment Foundation has filed a suit in Massachusetts challenging the constitutionality of a law that denies legal resident aliens the right to possess a handgun for self-defense. Fox News has a story here, and here is the press release.

You can access the complaint. Here are the key paragraphs:

52. The citizenship requirements contained in M.G.L. c. 140, §§ 129B and 131 and all other Commonwealth statutory language, which restrict lawfully admitted aliens firearms rights and privileges based on citizenship, on their face and as applied, are unconstitutional denials of equal protection of the laws and are in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

54. The citizenship requirements contained in M.G.L. c. 140, §§ 129B and 131, and all other Commonwealth statutory language, which restrict lawfully admitted aliens firearms rights and privileges based on citizenship, on their face and as applied, violate the Plaintiff’s individual right to possess a handgun and ammunition for defense of hearth and home secured by the Second Amendment to the United States Constitution.

This case raises the issue of equality of rights–should the Second Amendment apply to people in the same way other rights apply–and touches on the case of Bluman v. FEC, which challenges the alien gag rule.