United States v. Portillo-Munoz

643 F.3d 437 (2011)

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United States v. Portillo-Munoz

United States Court of Appeals for the Fifth Circuit
643 F.3d 437 (2011)

Facts

Armando Portillo-Munoz (defendant) voluntarily entered the United States, where he worked as a ranch hand for 18 months, paid his rent, and helped support a family. However, Portillo-Munoz was not a citizen of the United States and was not in the country lawfully. A federal law prohibited illegal aliens, i.e., noncitizens who were in the United States unlawfully, from possessing firearms. Portillo-Munoz was arrested and charged with violating this statute. Portillo-Munoz moved to dismiss the charges, arguing that (1) he had a Second Amendment right to keep and bear arms and (2) the federal statute violated that right. The district court denied the motion, and Portillo-Munoz appealed to the Fifth Circuit.

Rule of Law

Issue

Holding and Reasoning (Garwood, J.)

Dissent (Dennis, J.)

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