Judge rules illegal immigrants have gun rights protected by 2nd Amendment



A federal judge in Illinois has found that the Constitution protects the gun rights of noncitizens who enter the United States illegally.

U.S. District Judge Sharon Johnson Coleman on Friday ruled that a federal prohibition on illegal immigrants owning firearms is unconstitutional as applied to defendant Heriberto Carbajal-Flores. The court found that while the federal ban is “facially constitutional,” there is no historical tradition of firearm regulation that permits the government to deprive a noncitizen who has never been convicted of a violent crime from exercising his Second Amendment rights.

“The noncitizen possession statute … violates the Second Amendment as applied to Carbajal-Flores,” the judge wrote. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

Coleman, a President Obama appointee, cited the landmark Supreme Court decision in New York State Rifle and Pistol Association v. Bruen (2022), which established a new standard to determine whether a law violates the Second Amendment. Since Bruen, a multitude of federal and state gun control measures have been challenged in courts with mixed results.

Carbajal-Flores is an illegal immigrant who, on June 1, 2020, was found to be in possession of a handgun in the Little Village neighborhood of Chicago. He was subsequently charged with violating a federal law that prohibits any noncitizen who is not legally authorized to be in the U.S. from “possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”


https://wfin.com/fox-political-news...e-gun-rights-protected-by-2nd-amendment/

How can they legally acquire a gun?

And when someone that’s not supposed to be in your country has a weapon…isn’t that an invasion?

This is how "Coleman, a President Obama appointee" We are toast, democrats don't care about the rules or constitution, only when it benefits them.

She is an Obama appointed Judge and she obviously lacks any common sense whatsoever. I am pretty sure an individual has to have a Green card to be able to legally own and purchase a firearm. I have worked with several people over the years that came here on a work visa and after several years got their Green card. Those folks were then able to legally possess a firearm.

I like it myself . Why be against it ?

While I don't like it, The Constitution says that the Rights belong to the People, not just citizens. Same applies to Speech, Search and Seizure, etc.. This is something that I think could be changed by Congress and then 2/3 of the States. The word people needs to be changed to say citizens and others legally in the U.S..

The 2nd amendment is not a government given right. Its a right given by God .

With that said. Our state laws say criminals cannot have guns, but are the invaders criminals if they have not been convicted of a crime? Yet, in most of the United States, if you are in the act of committing a crime then it can make the possession of a firearm also illegal.
I think the judge got it right. Now how the guy obtained the gun is another matter all together, odds are he didnt get it at a chain store.

I understand what You are saying and agree with You but the Main reason to not like it is ILLEGAL is ILLEGAL and they are Criminal in touching this soil with their feet the moment they enter it ILLEGALLY. They have NO RIGHTS whatsoever, NADA, ZERO!

The Supreme Court has disagreed with you for a long time on the no rights part. They have ruled against them having gun rights in the past but I can't recall the logic but I bet it isn't because they are deemed illegal before going to trial.

I don’t care if they disagree with myself or not. In order to have a sovereign nation with sovereign borders, You can’t have rampant illegal immigration and on top of that, say those Illegals have rights.

inalienable rights ... now that phrase does create some lawyer ball if the term alien is codified into law.

I am pretty sure Our Founding Fathers were referring to citizens and definitely not Illegals, but maybe I am wrong in my interpretation. 😀

So, how do they get past the NICS check when purchasing a firearm….same one I’ve got to get past. Mexican ID? Or are they given a ID.number when they get a loaded debit card?

**tongue in cheek**

It is a short walk from that ruling to letting them vote.

Well it is a God given right. I promise the illegals that want one either already have one or will get one soon. That being said I would think already being here illegally AND owning a gun would be something that gets you on law enforcements radar. But also with Biden’s lax border policy probably easy for them to say they are here legally.

hmmm. It just occurred to me that the MSM has not been talking much about gun control lately. That should worry everybody. The longer they stay quiet the worse the massacre is going to be...mark it down. Its going to be election timed. Gun control is a talking point they can't resist, its coded in their DNA.

Also there is the question of how you acquired it. This is just a nutso judge trying to make a stupid point against gun rights.

That seems to be grounds to arrest them since coming into the country illegally is a felony, thus they are barred from owning one.

Does that mean I can carry my pistol in my console, concealed on my person or open carry in Illinois?

Didn't he shoot a tranz person?
And something about being in Venezuelan cartel