USA v. Diego Aleman-Lozano
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Third Circuit rejected Aleman-Lozano’s facial Second Amendment challenge to 18 U.S.C. § 922(g)(5)(B), which bars non-immigrant visa holders from possessing firearms. Assuming without deciding that such non-citizens are covered by the Amendment, the court found ample historical tradition of disarming persons lacking allegiance and held the statute constitutional, affirming Aleman-Lozano’s conviction.
Circuit Split Identified
Legal Issue
Whether non-citizens (particularly non-immigrant visa holders or unlawfully present aliens) are included within “the people” protected by the Second Amendment and, consequently, whether 18 U.S.C. § 922(g)(5) may constitutionally bar them from firearm possession.
Circuit Positions
Adopt "political community" reading – non-citizens unlawfully present are not among "the people"; firearm ban is constitutional at Bruen step one.
"National community" approach – at least some non-citizens can be "the people"; court proceeds to step two but still upholds § 922(g)(5).
Assume without deciding that non-citizens are "the people" and resolve at Bruen step two (historical analogue) – statute upheld.
Conflict Summary
Circuits disagree on how Bruen step one applies to non-citizens. Some hold that only members of the domestic political community—essentially citizens—are "the people" and therefore non-citizens can be disarmed outright. Others reason that non-citizens with sufficient ties may be part of the national community protected by the Amendment. A third set of circuits avoids the issue, assumes arguendo that non-citizens are covered, and upholds § 922(g)(5) at Bruen step two.