US v. Torres, No. 15-10492 (1-8-19)(N. Smith w/Thomas & Gleason).

Under Heller, undocumented aliens may be part of “the people” to whom Second Amendment protections extend.  The 9th is unable to say for certain whether that is true, or to what extent, and so sidesteps.  It assumes that some Second Amendment rights do apply, but that those rights are not unlimited.  This is the approach of other circuits.  Using intermediate scrutiny, the 9th holds that Congress can restrict possession under 922(g)(5).

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/01/08/15-10492.pdf