federal law says no
but the 7th circuit says yes they do
The 7th Circuit doesn't say yes they do, Chief Judge Wood says that if they can show a substantial attachment to this country, that they may have some rights.
we see first that Meza-Rodriguez was in the United States
voluntarily; there is no debate on this point. He still has ex-
tensive ties with this country, having resided here from the
time he arrived over 20 years ago at the age of four or five
until his removal.
Wood then goes on to cite Plyler,
In
Plyler v. Doe,
457 U.S. 202
(1982), which
Verdugo-Urquidez
left undisturbed, the Court
addressed the status of unauthorized aliens as “persons” for
constitutional purposes:
Which limits Constitutional Protections as she states. She argues that the "right to bear arms" is not unlimited, it is a permissible restriction of Congress to limit.
This being key, they haven't touched upon the actual right of an illegal to actually posses a firearm, Wood's simply states Congress can restrict whom they desire and the courts need not go any further.
Meza-Rodriguez’s ability to invoke the Second Amend-
ment does not resolve this case, however, because the right
to bear arms is not unlimited. See
Heller
, 554 U.S. at 595.
Congress may circumscribe this right in some instances
without running afoul of the Constitution, and so we must
now decide whether 18 U.S.C. § 922(g)(5) is such a permissi-
ble restriction.
So the 7th Circuit doesn't say he has a right to own or posses a firearm, they state that Congress can limit who can own and posses.
Congress’s interest in prohibiting persons who are diffi-
cult to track and who have an interest in eluding law en-
forcement is strong enough to support the conclusion that 18
U.S.C. § 922(g)(5) does not impermissibly restrict Meza-
No. 14-3271
17
Rodriguez’s Second Amendment right to bear arms. We thus
A
FFIRM
the district court’s denial of his motion to dismiss.