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Can anyone who is not lawfully present in the U.S. own a firearm?

User Minhaj
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Final answer:

The Second Amendment protects the right to keep and bear arms, but this right is subject to regulations. People not lawfully present in the U.S. generally cannot legally own firearms, as per federal law and court rulings.

Step-by-step explanation:

The question pertains to whether an individual who is not lawfully present in the United States can own a firearm. According to the Second Amendment of the U.S. Constitution, the right to keep and bear arms is acknowledged. However, certain legal rulings have clarified this right.

For instance, District of Columbia v. Heller (2008) ruled that the Second Amendment protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home, unconnected with service in a militia.

Nonetheless, both federal law and court cases like United States v. Miller (1939) allow the government to regulate who may possess firearms, and categories of people, including those not lawfully present in the country, are typically prohibited from gun ownership. Moreover, specific local laws may impose additional restrictions or requirements for firearm registration and usage.

In summary, while the Second Amendment grants a general right to firearm ownership, this right is not absolute. Individuals not lawfully present in the U.S. are usually excluded from legally owning firearms due to federal regulations and court interpretations of the constitutional protections on gun ownership.

User Vitaly Kuznetsov
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