Ninth Circuit Rules on Gun Registration for Canadian-Born American Indians

3 min readSources: Volokh Conspiracy

The Ninth Circuit ruled that Canadian-born American Indians under the Jay Treaty are exempt from firearm registration requirements.

Why it matters: This ruling clarifies firearm registration law as it intersects with unique immigration protections, guiding legal strategy and compliance for firearm cases involving cross-border indigenous persons.

  • Isaac Craghtten, a Canadian-born American Indian, was charged with failing to register a firearm in the U.S.
  • The Jay Treaty (8 U.S.C. § 1359) allows certain American Indians born in Canada to cross the U.S. border without an alien registration number.
  • The Ninth Circuit's June 17, 2026 decision held that such individuals are exempt from firearm registration laws requiring alien registration numbers.
  • Judge Kenneth Lee noted the ruling resolves conflicts between federal firearm regulations and immigration law specific to this group.

On June 17, 2026, the Ninth Circuit Court of Appeals issued a ruling in Craghtten v. United States addressing firearm registration obligations for a Canadian-born American Indian with protected border-crossing rights.

Isaac Craghtten was charged with failing to register a firearm as required by federal law. However, Craghtten's status is governed by the Jay Treaty codified at 8 U.S.C. § 1359, which permits certain American Indians born in Canada to enter the U.S. without an alien registration number.

The conflict arose because federal firearm registration laws require an alien registration number for non-citizens, but individuals qualifying under the Jay Treaty lack a registration number by design. The Ninth Circuit resolved this tension by ruling that such American Indians are exempt from the firearm registration requirement that depends on alien registration numbers.

Judge Kenneth Lee, writing for the panel, emphasized that the decision harmonizes firearm regulations with immigration law specific to indigenous peoples, avoiding constitutional issues that would arise from penalizing treaty-protected border crossings.

This decision provides binding guidance in the Ninth Circuit on how to apply firearm registration requirements to American Indians with unique immigration statuses. It affects defense and prosecution strategies by clarifying that Jay Treaty protections override registration mandates relying on alien registration numbers.

The opinion itself is publicly available via the Ninth Circuit website, ensuring transparency and enabling practitioners to consult the ruling directly for compliance and case planning.

By the numbers:

  • June 17, 2026 — Date of Ninth Circuit's ruling
  • 8 U.S.C. § 1359 — Codifies Jay Treaty provisions allowing border crossings without alien registration number
  • One — Number of judges highlighted in the opinion, Judge Kenneth Lee

Yes, but: While the ruling exempts Jay Treaty-protected individuals from firearm registration requirements tied to alien registration numbers, it does not broadly exempt all firearm laws or regulations applicable to American Indians or others.

What's next: Legal experts expect increased litigation testing how other firearm regulations intersect with indigenous cross-border rights, with potential Supreme Court review if conflicts persist.