Third Circuit: Nonimmigrant Visa Holders Can't Own Guns
A federal appeals court ruled in September 2026 that the US can legally ban nonimmigrant visa holders from owning or possessing guns. The Third Circuit upheld a 24-month prison sentence against a Salvadoran man living in the US on a temporary work visa — and the ruling now sets binding law across three states. If you are in the US on a temporary visa, this decision directly affects you.
The Third Circuit Court of Appeals ruled on September 1, 2026, that the federal law banning nonimmigrant visa holders from possessing firearms is constitutional. The court upheld the conviction of Diego Edgardo Aleman-Lozano, a Salvadoran national living in the US on a temporary nonimmigrant visa, who was sentenced to 24 months in prison after police found a loaded pistol in his car during a 2021 traffic stop in Pennsylvania.
What the court decided — and why it matters for visa holders
Federal law under 18 U.S.C. § 922(g)(5)(B) makes it a crime for anyone admitted to the US on a nonimmigrant visa — think tourist visas, student visas, work visas like H-1B, and similar temporary status — to possess a firearm or ammunition. Aleman-Lozano argued this law violated his Second Amendment right to bear arms. The Third Circuit disagreed. Writing for the panel, Judge Shwartz concluded the law is consistent with the nation's historical tradition of firearm regulation. The ruling is precedential, meaning it now sets binding law for federal courts in Pennsylvania, New Jersey, and Delaware.
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The case highlights a split among federal appeals courts. Some circuits — including the Fifth, Fourth, and Eighth — have ruled that noncitizens without legal status fall outside Second Amendment protections entirely. Others, like the Sixth and Seventh Circuits, have found that at least some noncitizens may have constitutional gun rights depending on their ties to the US. The Third Circuit sidestepped that debate and ruled against Aleman-Lozano on historical grounds: even assuming nonimmigrant visa holders are covered by the Second Amendment, the government's gun ban is justified by historical analogues.
This decision does not affect lawful permanent residents (green card holders), who are in a different legal category. It also does not change immigration consequences directly — but a federal firearms conviction under § 922(g)(5)(B) is a serious criminal record that can trigger removal proceedings (the formal process to deport someone) and bar future immigration benefits.
What to do
- If you are in the US on any nonimmigrant visa — including H-1B, F-1 student, B-2 tourist, or TPS — do not purchase, possess, or store a firearm or ammunition. This is a federal crime regardless of state gun laws.
- If you or a family member already faces a firearms charge, contact an immigration lawyer immediately. A criminal conviction under § 922(g)(5)(B) can lead to deportation and may permanently bar you from getting a green card or other immigration benefits.
- If you are in removal proceedings related to a firearms charge, ask your attorney specifically about the impact of a § 922(g)(5)(B) conviction on your case — it is treated as a serious offense under immigration law.
- Green card holders (lawful permanent residents) are not covered by this specific statute, but they face their own firearms restrictions and serious immigration consequences for any felony conviction. Consult an immigration lawyer if you have questions about your specific status.
A full breakdown of this topic — in our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
This ruling confirms what immigration attorneys have long advised: nonimmigrant visa holders have no safe legal path to gun ownership under federal law, regardless of what state law says. A § 922(g)(5)(B) conviction is not just a criminal matter — it triggers mandatory immigration consequences, including potential removal and bars to future status adjustments. If a client is charged, the priority is to understand both the criminal exposure and the immigration fallout simultaneously, because plea deals that seem minor in criminal court can be catastrophic for immigration status. Anyone facing this situation should consult both a criminal defense attorney and an immigration lawyer before making any decisions.
Frequently Asked Questions
Does this ruling apply to green card holders?
No. This specific law — 18 U.S.C. § 922(g)(5)(B) — applies only to people admitted on nonimmigrant visas, such as H-1B, F-1, or tourist visas. Lawful permanent residents (green card holders) are in a different legal category and are not covered by this provision. However, green card holders still face other federal and state gun laws, and any felony conviction can have serious immigration consequences.
I have a work visa (H-1B). Can I legally own a gun in the US?
No. Under federal law, holding a nonimmigrant visa — including an H-1B work visa — means you cannot legally purchase, possess, or store a firearm or ammunition anywhere in the US. This applies even in states with permissive gun laws. Violating this law is a federal crime that can result in prison time and deportation.
What happens to my immigration case if I am convicted under this law?
A conviction under § 922(g)(5)(B) is a serious federal felony. It can trigger removal proceedings — the formal legal process to deport you — and may permanently bar you from obtaining a green card, asylum, or other immigration benefits in the future. If you are facing charges, contact an immigration attorney immediately, before entering any plea.
Which states does this Third Circuit ruling cover?
The Third Circuit covers federal courts in Pennsylvania, New Jersey, and Delaware. The ruling is precedential, meaning federal judges in those three states must follow it. If you live in a different state, your circuit may have a different legal standard — but the underlying federal law banning nonimmigrant visa holders from possessing firearms applies nationwide.