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Under normal circumstances, federal law prohibits illegal aliens from possessing firearms and ammunition. 18 U.S.C. 922(d)(5)(A) and (g)(5)(A) says that:
“It shall be unlawful for any person… who, being an alien… is illegally or unlawfully in the United States… to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition…”
This is perfectly consistent with the Second Amendment. While everyone has a natural right to self-defense (and even an illegal has a natural right to fight off a rapist or a murderer), illegals and foreigners are not a part of “the People” whose right to bear arms is protected by the Second Amendment within the jurisdiction of the United States. It would be absurd to say that an army of foreign invaders somehow have a Second Amendment right to possess and use firearms. After all, the Second Amendment is largely about the security of our free state and our ability to protect against tyrannical and foreign governments.
Federal Law Permits Armed Illegals to Work as Law Enforcement Officers—However, there are at least three major cases where an illegal alien has been hired in some law enforcement capacity. Recently, illegal immigrant Radule Bojovic was caught working as an armed police officer in a Chicago suburb.[i] Earlier this year, the Trump Administration caught more illegal aliens acting as law enforcement officers (Massachusetts reserve police officer Jon Luke Evans[ii] and Maine corrections officer Gratien Milandou-Wamba[iii]). And California law, enacted in 2022, also specifically authorizes the hiring of illegals as law enforcement.[iv]
These cases of illegal immigrants working as armed law enforcement have drawn attention to a glaring issue with current federal law. While there are nine federal categories of persons prohibited from possessing firearms and ammunition,[v] only one of these prohibitions currently applies against police.[vi] In fact, these prohibitions do not apply to anyone carrying firearms or ammunition working for the federal government.[vii]Title 18 Section 925(a)(1) clearly states that:
“[The prohibited person categories] shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.”
Therefore, 18 U.S.C. 925(a)(1) means it is currently 100% legal for an illegal immigrant to possess a firearm as a police officer as far as federal gun law is concerned, because the prohibited person categorieshttps://www.washingtontimes.com/news/2025/oct/19/illegal-immigrant-cop-sparks-debate-migrants-access-guns/
ICE arrests illegal alien serving as a local police officer after attempting to unlawfully purchase firearm in Maine, ICE.gov, July 28, 2025.
Former Cumberland County corrections officer in ICE custody at New Hampshire jail, WMTV.com, June 20, 2025.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB960
[v] 18 U.S.C. 922(d) and (g).
[vi] NOTE: The only legal exception is for convictions of domestic violence misdemeanors at 18 U.S.C. 922(d)(9) and (g)(9). In fact, it is common for law enforcement officers charged with domestic violence to plead up their charges to DV felonies (rather than pleading down their charges to DV misdemeanors) in order to protect their employment.
[vii] 18 U.S.C. 925(a)(1).
[viii] 18 U.S.C. 922(d)(5)(A) and (g)(5)(A).a
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