12/17/2025

Major breaking news out of the U.S. Court of Appeals for the Sixth Circuit just delivered a significant win for Second Amendment jurisprudence. In United States v. Escobar Tejimal, all three judges agreed that illegal aliens have no Second Amendment right to keep and bear arms—but one opinion stands out for its long-term importance.

Judge Amul Thapar, one of the most influential feeder judges to the U.S. Supreme Court, wrote a powerful concurring opinion explaining why the case begins and ends with the text of the Constitution. His conclusion is clear: illegal aliens are not part of “the people” protected by the Second Amendment.

While the two-judge majority (an Obama appointee and a Biden appointee) reached the same result, they did so using flawed reasoning—claiming illegal aliens are part of “the people” but can still be disarmed due to historical firearm regulations. Judge Thapar rejected that approach outright, emphasizing that courts must first ask whether the Second Amendment’s text even applies. In this case, it does not.

Judge Thapar grounded his analysis in constitutional text, history, and Supreme Court precedent, citing Blackstone, the Founders, English common law, early state constitutions, and even George Washington’s Farewell Address. The Founders consistently distinguished between citizens and aliens, reserving the right to keep and bear arms for those who consented to—and bore responsibility for—self-government.

The facts of the case further underscore the ruling. Escobar Tejimal, a Guatemalan national illegally in the U.S. for over a decade, was found in possession of firearms during a criminal investigation and charged under 18 U.S.C. § 922(g)(5)(A). His attempt to invoke Second Amendment protections failed at every level.

This decision is critical not just for the outcome, but for the methodology Judge Thapar articulated—one that aligns squarely with Bruen and is likely to guide lower courts for years to come. The message is unmistakable: the Second Amendment protects American citizens, not illegal aliens, and that conclusion is dictated by the Constitution itself.