Just five months after a federal judge ruled that a ban on gun possession by those in the country illegally was unconstitutional, a three-judge panel of a federal appeals court has ruled just the opposite.

On Tuesday, a three-judge panel of the 5^th U.S. Circuit Court of Appeals ruled in the case against Jose Paz Medina-Cantu that Second Amendment rights do not apply to those who have entered the country illegally. Medina-Cantu was arrested in 2022 by Border Patrol agents and charged with illegally possessing a handgun and unlawfully re-entering the country after being deported.

Medina-Cantu’s attorneys used the Second Amendment defense based on the second standard of the 2022 Supreme Court ruling in New York State Rifle & Pistol Assn. v. Bruen. They argued that there was no historical tradition dating back to around when the Second Amendment was adopted in 1791 of disarming people based solely on their immigration status.