Federal Court Turns Down Gun Possession Appeal

A Wyoming man is challenging his arrest for possessing firearms after a Colorado Federal Court of Appeals turned down his appeal on May 7.

Emmanuel Huitron-Guizar, who was sentenced to 18-months in prison after police found  a 12-gauge shotgun, a rifle as well as a semiautomatic pistol while searching his home. According to The Associated Press, Huitron-Guizar was taken to the Natrona County Detention Center in Wyoming and was held by immigration authorities after his arrest. Huitron-Guizar, 24, moved to the United States when he was three and has been living in Wyoming ever since.

Following his arrest, immigration advocates have stated their belief that he should have equal rights to those with U.S. citizenship regarding gun control because he had lived in the country for the majority of his life. According to The Wall Street Journal, advocates have also said that Huitron-Guizar, who has no criminal record and grew up in America has zero ties to his birth country of Mexico, so deporting him would be “like sending him into exile” if he were forced to return.

According to Reuters, although Guizar is an illegal immigrant, he should not banned from possessing firearms, unlike the mentally ill and convicted felons, yet legally this is not the case.

“Even those admitted on non-immigrant visas … are prohibited from having firearms and ammunition unless they secure a special waiver or happen to be hunters or diplomatic or law-enforcement officials here on business,” officials wrote.

Despite the fact the appellate court turned down the initial appeal, Huitron-Guizar’s case may be brought to the U.S. Supreme Court.