Part I:

Assume that you are a young associate working in a small law office in Birmingham, Alabama that specializes in criminal and immigration law. A client, who is from Ireland and unlawfully in the United States, was recently arrested for unlawful possession of a firearm in violation of federal law. According to our client, he lived in a dangerous neighborhood and needed the gun to protect himself as there has been a rash of armed robberies and car-jackings in his neighborhood. You do some preliminary research, and you discover that the Eleventh Circuit has not decided whether unlawful aliens possess Second Amendment rights. You discover that the Fifth and Seventh Circuits, who have both addressed, this issue have reached different conclusions regarding whether the unlawful aliens have Second Amendment rights. Your client would like you to file a motion to dismiss the indictment, arguing that he possessed the right the bear arms under the Second Amendment. Given the state of the law in Eleventh Circuit and the split between the Circuits, how should you proceed? What type of argument should you raise in court on behalf of your client?

Part II:

You work as a law clerk for a federal judge in Birmingham, Alabama. You are researching a legal issue for your federal judge, and you realize that the Eleventh Circuit has not rendered a decision on the legal issue that you are researching. However, you have found a district court opinion from the Southern District of New York that has squarely addressed the legal issue that you are researching. You also find a Circuit opinion from the Fifth Circuit that has reached the opposite conclusion on the legal issue. Without binding authority from the Eleventh Circuit, what recommendations should you make to your judge on how to proceed?