The Briefing Room
General Category => National/Breaking News => Second Amendment => Topic started by: Elderberry on March 17, 2024, 12:25:15 pm
-
The Reload by Stephen Gutowski 3/14/2024
The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.
That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote in US v. Carbajal-Flores. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”
The ruling is the latest fallout from the new standard for Second Amendment cases set in Bruen. Since the landmark case was decided in 2022, a wide swath of state and federal gun restrictions have come under increased scrutiny in the courts. Among the most commonly recurring questions raised by the new standard is who can be barred from owning guns, and the Carbajal-Flores case is among the first to examine whether people who entered the country illegally are among them.
Judge Coleman, a Barack Obama appointee, initially found the gun ban for illegal immigrants was constitutional back in April 2022. However, she agreed to reconsider the case in light of rulings from the federal appeals courts in the Third and Seventh Circuit that questioned whether those convicted of non-violent crimes could be permanently disarmed after the High Court handed down Bruen in June 2022. She concluded breaking misdemeanor immigration laws alone is not enough justification to strip somebody of their gun rights under the new test.
“[C]arbajal-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,” Judge Coleman 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 Department of Justice (DOJ) argued the modern ban was akin to historical bans on loyalists owning guns during the Founding Era and should stand. However, Judge Coleman found that historical ban included exceptions that imply the ban was based on the actions of individual loyalists.
More: https://thereload.com/gun-ban-for-non-violent-illegal-immigrant-found-unconstitutional/ (https://thereload.com/gun-ban-for-non-violent-illegal-immigrant-found-unconstitutional/)
-
Um…. entering the country illegally in itself is a felony.
-
Um…. entering the country illegally in itself is a felony.
So is aiding and abetting anyone committing a crime.
-
Is anybody aware of this judges view on private firearm ownership of legal citizens of this country?
-
Um…. entering the country illegally in itself is a felony.
If one commits a felonious offense but is not charged and convicted, then they are not felons.
-
If one commits a felonious offense but is not charged and convicted, then they are not felons.
Fair point
You are right. Ruling is based on the fact that he hasn’t been convicted
This is going to get complicated as the administration rips open the border and allows more people in illegally without charging them as such
-
Um…. entering the country illegally in itself is a felony.
Convicted? Well it's kinda prima facie, if you ask me.
Possession of a firearm in the commission of a Felony is a ... Felony.
-
Well now this is interesting, if I'm an illegal alien but shipped to a dangerous city/state and I can legally buy and possibly legally carry a gun does this give me more incentive to illegally vote for republicans than democrats?
-
Well now this is interesting, if I'm an illegal alien but shipped to a dangerous city/state and I can legally buy and possibly legally carry a gun does this give me more incentive to illegally vote for republicans than democrats?
Chances are your ballot is already filled out.
-
Chances are your ballot is already filled out.
Well maybe the first ten, how about eleven thru fifteen....?
-
Did they issue a ruling on the Illegal Immigrant ban?
-
Military Arms
@MAC_Arms
A federal judge has ruled illegals can now own firearms despite a long standing question on the ATF 4473 form that every new gun purchaser must fill out. Lying on this form is a crime. I'm a bit confused. Can we do away with the 4473 form now? Please?
(https://pbs.twimg.com/media/GJD88nrXcAApUPE?format=jpg&name=small)
5:00 PM · Mar 19, 2024
-
Military Arms
@MAC_Arms
A federal judge has ruled illegals can now own firearms despite a long standing question on the ATF 4473 form that every new gun purchaser must fill out. Lying on this form is a crime. I'm a bit confused. Can we do away with the 4473 form now? Please?
(https://pbs.twimg.com/media/GJD88nrXcAApUPE?format=jpg&name=small)
5:00 PM · Mar 19, 2024
It’s been a while since I’ve purchased a firearm, but you’re right. I forgot they do ask on that form if you’re an illegal immigrant or not.
And yes, I do recall that it says right on the form that any false answers constitutes a felony
-
The whole situation that our country is in thanks to ballot harvesting, stolen elections and Joe & Co, absolutely sickens me.
We are being invaded at our southern border, northern border and now seashore by terrorists, militants, gang members, murderers, rapists, etc.
God have mercy on this Republic. It is indeed going to take a miracle to keep it together without a civil war. :patriot:
-
Illegals have no durn rights. I am all for shall not infringe (on American legal citizens).
-
It’s been a while since I’ve purchased a firearm, but you’re right. I forgot they do ask on that form if you’re an illegal immigrant or not.
And yes, I do recall that it says right on the form that any false answers constitutes a felony
:pondering: Unless you are a Biden or.....illegal immigrant
-
It is still possible for a person to legally purchase a firearm from an individual who Does Not have a FFL and the buyer Does Not fill out an ATF Form 4473.
-
It is still possible for a person to legally purchase a firearm from an individual who Does Not have a FFL and the buyer Does Not fill out an ATF Form 4473.
As it should be, a widow lady has by right the right to sell her guns she no longer can garnish effectively. For that matter so does just an average Joe... the judgement of character lies in their hands as it should be.
-
Another Judge Says Illegal Immigrants Have Second Amendment Rights
Some supposed defenders of the right to bear arms react with alarm.
BRIAN DOHERTY | 3.20.2024 4:15 PM
In a decision earlier this month in U.S. v. Carbajal-Flores from the U.S. District Court for the Northern District of Illinois, Eastern Division, Judge Sharon Johnson Coleman concluded that you can't always and under every circumstance prohibit people in the country illegally from legally possessing weapons.
The factual background of the prosecution of Heriberto Carbajal-Flores, as explained in Judge Coleman's decision: "On June 1, 2020, Carbajal-Flores possessed a handgun in the Little Village neighborhood of Chicago, Illinois. Carbajal-Flores contends that he received and used the handgun for self-protection and protection of property. Because of Carbajal-Flores' citizenship status, he was charged with violating of 18 U.S.C. § 922(g)(5), which prohibits any noncitizen who is not legally authorized to be in the United States 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.'"
Judge Coleman granted a motion to dismiss the charges against Carbajal-Flores, by declaring that such a blanket prohibition against weapons possession for a category of people can't withstand scrutiny under current Second Amendment doctrine.
https://reason.com/2024/03/20/another-judge-says-illegal-immigrants-have-second-amendment-rights/
-
Where is Biden on this? Every time someone is shot by a white person, Biden is howling about doing away with the second Amendment. But now that immigrants have gun rights, not a word from him. What's up with that? :shrug:
-
Topics merged/moved to 2nd Amendment category.
-
March 21, 2024
They love the 2nd now
By Silvio Canto, Jr.
Who knew that a liberal judge would stand up for the Second Amendment? Well, she did and added an unusual twist.
Let's check the story:
A liberal Illinois federal judge has ruled that an illegal immigrant was wrongly banned from possessing a firearm.
US District Judge Sharon Johnson Coleman, an Obama appointee, ruled earlier this month that an illegal migrant residing in the US had his 2nd Amendment rights violated when he was charged for possession of a weapon.
Heriberto Carbajal-Flores was charged by prosecutors under US Code 18 § 922, which prohibits illegal immigrants from carrying guns or ammunition.
In her ruling, the judge with a liberal track record wrote: 'The noncitizen possession statute, 18 USC § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores.
Illegal no more, I guess.
This is an absurd ruling for two reasons.
more
https://www.americanthinker.com/blog/2024/03/they_love_the_2nd_now.html
-
Where is Biden on this? Every time someone is shot by a white person, Biden is howling about doing away with the second Amendment. But now that immigrants have gun rights, not a word from him. What's up with that? :shrug:
Worth repeating.