Federal Judge Declares Illegal Immigrants Can Possess Firearms, Citing Constitutional Rights
Decision Alters Gun Ownership Landscape for Undocumented Immigrants, Sparks Constitutional Debate
On March 8, 2024, U.S. District Judge Sharon Johnson Coleman ruled against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores.
The case revolved around Carbajal-Flores, who was charged with possessing a firearm while being illegally or unlawfully present in the United States.
Despite two previous unsuccessful attempts to have his indictment removed, a decision in the United States Court of Appeals for the Seventh Circuit and the Supreme Court's Bruen (2022) decision led to a different outcome.
Coleman, an appointee of Barack Obama, countered government arguments by highlighting that Carbajal-Flores had no prior convictions for felonies, violent crimes, or crimes involving weapons.
She noted that he claimed to have used the handgun solely for self-protection and protection of property during a period of civil unrest in 2020. Ultimately, Coleman concluded that the statute barring noncitizens from possessing firearms violated Carbajal-Flores' Second Amendment rights and granted his motion to dismiss.
The case is known as United States v. Carbajal-Flores, No. 1:20-cr-00613 in the U.S. District Court for the Northern District of Illinois.
Click here to read the complete case file.
Courts continue to evaluate the right to bear arms and who is responsible for illegal acts committed with guns. In Washington earlier this month, a federal judge rejected a challenge to a law allowing lawsuits against gun makers if their weapons are used improperly.
A suspect in a Maryland shooting that killed a 2-year-old last month was in the country illegally and had prior detainments, according to U.S. Immigration and Customs Enforcement.
How are they covered by Constitutional Rights? Those are for citizens, these people are NOT! Illegals have more rights than those of us who are naturalized or born here. I don't understand how the A$$E$ in Washington can sleep at night. Maybe we'll get lucky and one of their illegal friends will brake into their home with an automatic weapon and terrorize them into not being stupid. No, that won't work they are just going to try and take guns away from honest citizens. The powers that be in DC have smoked too much funky stuff. There are something like 435 seats up for grabs, we need to vote out ever incumbent in office, from the Presidink right on down the line. It's time to clean house!