Judge Rules Undocumented Immigrants Can Legally Posses A Firearm
A semi-automatic firearm is seen displayed in the McBride Guns Inc. store on August 25, 2023 in Austin, Texas.
(Photo : Brandon Bell/Getty Images)

A judge recently dismissed gun charges against an undocumented immigrant in Illinois, reigniting the ongoing discussion surrounding the rights tied to the Second Amendment.

Northern District Illinois Judge Sharon Coleman cited previous court decisions when dismissing firearm possession charges against Heriberto Carbajal-Flores.

Carbajal-Flores, who was unlawfully in the United States, was found to have possessed a handgun in the Little Village neighborhood of Chicago on June 1, 2020.

Judge Rules: Illegal Immigrant Can Carry Guns

Judge Coleman ruled in her eight-page ruling on March 8 that Carbajal-Flores' non-violent arrest and criminal record do not indicate a threat to public safety. 

Therefore, she ruled that he should have his Second Amendment right to bear arms for self-defense. Title 18 of the US Criminal Code prohibits undocumented people from owning firearms and weapons or receiving them over state or national borders. Carbajal-Flores faces prosecution.

The defendant said they had the gun for self-defense and property protection in 2020 civil conflict. Note that the defendant has no felonies, violent offenses, or weapon-related convictions.

After Minneapolis Police Officer Derek Chauvin killed George Floyd on May 25 and was sentenced to 21 years, protests erupted nationally that spring.Carbajal-Flores has met all release requirements, including work and no additional arrests or warrants, according to the ruling. 

The ruling states that Carbajal-Flores has consistently met all the conditions of his release, highlighting his employment and clean record with no new arrests or outstanding warrants.

The liberal-leaning judge stated in her decision, "As applied to Carbajal-Flores, the noncitizen possession statute, 18 USC § 922(g)(5), violates the Second Amendment. Thus, the court grants the petition to dismiss filed by Carbajal-Flores."

The defense team of Carbajal-Flores argued that the government failed to demonstrate that 18 USC § 922(g)(5) was a part of the historical tradition that defines the limits of the right to keep and bear arms.

In 2022, the Supreme Court made a significant ruling regarding the requirement for government prosecutors to demonstrate the alignment of regulations with the nation's historical tradition of firearm regulation.

The defense's argument was compelling enough to convince Coleman that the charges should be dropped. In her ruling, Coleman acknowledges that Carbajal-Flores is a noncitizen, although she refrained from using stronger language.

The ruling has sparked a wide range of reactions within the legal community, with some individuals who strongly support the Second Amendment arguing that the term "the people" mentioned by the Framers in the amendment encompasses individuals who are in the country without legal status.

Read Also: Biden Apologizes for Using 'Illegal' to Describe Laken Riley's Alleged Murderer

Judge Sharon Coleman's Ruling Sparked Criticism

Senator Marco Rubio, a member of the Senate Intelligence Committee from Florida, criticized what he sees as a recent trend on the political left that blurs the distinction between citizens and noncitizens.

During his appearance on 'Hannity,' Rubio expressed his disapproval of the ruling, highlighting the ongoing efforts by certain groups to undermine the distinction between citizenship and illegal existence.

Jennifer Coffindaffer, a special agent for the FBI, expressed her disappointment over the ruling on X, formerly Twitter.

 Here are more of the other celebs and citizens' reactions on X:

 

 

 

It could also be referenced in other states as they attempt to make a similar argument, potentially granting more undocumented immigrants the ability to possess firearms.

Coleman has been involved in several prominent cases in Illinois, including a significant ruling in February 2014 that granted marriage rights to same-sex couples in the state.

The ruling took effect in June of that year, two years prior to the Supreme Court's decision to legalize same-sex unions nationwide. Amid Biden administration's challenges with illegal migration and mounting pressure from the public and political class following the tragic murder of Georgia college student Laken Riley by an undocumented immigrant, her ruling has emerged.

In a recent development, the administration has acknowledged the transportation of a significant number of individuals into the US. The purpose behind this action is to address the issue of border crossings and its impact on the communities along the southern border.

The Customs and Border Protection agency has declined to provide important details regarding a program that took place last year, which involved organizing flights for numerous undocumented immigrants from foreign airports directly to cities within the United States.

Related Article: Texas Wins in Court: Judge Blocks Biden's Attempt to Redirect Border Wall Construction Funds 

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