U.S. District Judge Sharon Johnson Coleman, appointed by Barack Obama, ruled that an illegal immigrant has the right to bear arms under the Second Amendment of the U.S. Constitution.
This ruling came about in the case of Heriberto Carbajal-Flores, who faced charges under 18 U.S.C. § 922(g)(5), a federal statute that prohibits noncitizens without legal status 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.”
Carbajal-Flores, who has been living in the United States illegally, was charged after he was found to be carrying a gun in Chicago during the civil unrest in the spring of 2020.
He and his lawyers have fought the charge, arguing that the gun was for self-defense and citing a Supreme Court ruling on New York State Rifle & Pistol Association Inc. v. Bruen, that New York’s law was unconstitutional and that the ability to carry a pistol in public was a constitutional right.
On March 8, Judge Coleman concurred with Carbajal-Flores’ defense, stating that his nonviolent history and adherence to the conditions of his pretrial release demonstrated he did not pose a public safety risk.
The judge’s ruling claims that the statute under which Carbajal-Flores was charged does not align with the nation’s historical tradition of firearm regulation and, therefore, cannot be used to strip him of his Second Amendment rights.
“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,” Judge Coleman wrote.
“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. Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional,” Coleman added.
“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,” Judge Coleman ordered.
Critics argue that it sets a dangerous precedent that undermines public safety.
X user, The Patriot Voice, wrote, “I want you to read that again SLOWLY, and tell me how we are NOT being set up for some serious action on our own soil with ARMED FOREIGN INVADERS. This is a COMMUNIST ruling, which is sure to PURPOSELY embolden criminals that are coming over our border by the MILLIONS. VERY SCARY TIMES.”
Another user commented, “I don’t want to hear one more liberal crying about guns and banning them, not after the illegal army Biden brought in just got the go sign to get locked and loaded. Whatever your view of guns is, you can’t possibly think this will end anyway other than bad.”
Another said, “I’m a federal felon and I find it ludicrous that I don’t have a second amendment anymore but someone who breaks federal immigration law, gets to have a second amendment.”