District Judge: Gun Ban For Illegal Immigrant UnconstitutionalAWR Hawkins 16 Mar 2024
On March 8, 2024, U.S. District Judge Sharon Johnson Coleman decided against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores.
The case at hand centered on Carbajal-Flores, who was “charged with possession of a firearm while illegally or unlawfully in the United States.” He had a handgun in his possession “in the Little Village neighborhood of Chicago, Illinois,” on June 1, 2020. He was charged for being a non-citizen in possession for a firearm.
Carbajal-Flores sought twice, unsuccessfully, to have his indictment removed. But in his third attempt, a decision in the United States Court of Appeals for the Seventh Circuit and the Supreme Court of the United States’ Bruen (2022) decision, resulted in a different outcome.
Coleman, a Barack Obama appointee, countered government arguments against Carbajal-Flores’ firearm possession by noting:
The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country. The Court notes, however, that 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.
Coleman ultimately concluded, “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores’ motion to dismiss.”
The case is United States v. Carbajal-Flores, No. 1:20-cr-00613 in the U.S. District Court for the Northern District of Illinois.
https://www.breitbart.com/2nd-amendment/2024/03/16/district-judge-gun-ban-illegal-immigrant-unconstitutional/
