An Obama-appointed federal judge in Illinois has made a landmark ruling, declaring that the ban on illegal immigrants possessing firearms violates their Second Amendment rights.
US District Judge Sharon Johnson Coleman’s decision, issued on March 8, concluded that the statute prohibiting noncitizens from possessing firearms infringes upon their constitutional rights. The ruling came in response to the case of defendant Hariberto Carbajal-Flores, who was charged under this law after being arrested in possession of a handgun in Chicago’s Little Village neighborhood in June 2020.
Illegal immigrants can now carry guns, a federal judge has ruled. At this point, it seems like illegals have as many rights as US citizens but without even half the responsibilities.
U.S. District Judge Sharon Johnson Coleman has ruled that an illegal immigrant's Second… pic.twitter.com/Xz3SaLoJfs
— Ian Miles Cheong (@stillgray) March 19, 2024
According to Coleman’s ruling, Carbajal-Flores asserted that he possessed the handgun for self-protection and protection of property, with no prior felony convictions. Coleman, an Obama appointee, referenced the 2022 Supreme Court decision in New York State Rifle and Pistol Association v Bruen, which established a framework for assessing the constitutionality of firearm regulations, Fox reports.
The judge emphasized that Carbajal-Flores’ case fell within the scope of the Second Amendment’s protections, noting his lack of criminal record involving improper weapon use and his compliance with pretrial conditions. She highlighted his assertion of using the firearm for self-defense during a period of civil unrest.
“Carbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” the judge wrote. “Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants.”
“The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense,” Judge Coleman continued.”Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.”
