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Democrat Suddenly Pro-2nd Amendment: Judge Allows Illegal Immigrants To Have Guns


Apparently these illegal immigrants don’t have any handouts.

You know what this crime-prone group really needs?

Guns.

That’s right.

Give illegals the right to ‘legally’ carry firearms.

And isn’t it curious that a Democrat, that doesn’t want actual citizens to have guns, is fully supporting illegal aliens to have guns?

Let’s see who this judge is, shall we.

Why, it’s Judge Coleman. Is anyone surprised?

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Keep it up, Dems.

Show the public what you truly believe.

The agenda is transparent as the matrix of this corrupt system continues to crumble.

Fox News reports:

A federal judge in Illinois has found that the Constitution protects the gun rights of noncitizens who enter the United States illegally.

U.S. District Judge Sharon Johnson Coleman on Friday ruled that a federal prohibition on illegal immigrants owning firearms is unconstitutional as applied to defendant Heriberto Carbajal-Flores. The court found that while the federal ban is “facially constitutional,” there is no historical tradition of firearm regulation that permits the government to deprive a noncitizen who has never been convicted of a violent crime from exercising his Second Amendment rights.

“The noncitizen possession statute … violates the Second Amendment as applied to Carbajal-Flores,” the judge wrote. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

Coleman, a President Obama appointee, cited the landmark Supreme Court decision in New York State Rifle and Pistol Association v. Bruen (2022), which established a new standard to determine whether a law violates the Second Amendment. Since Bruen, a multitude of federal and state gun control measures have been challenged in courts with mixed results.

n this case, U.S. v. Carbajal-Flores, the court considered whether people who enter the country illegally can be banned from owning firearms.

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Carbajal-Flores is an illegal immigrant who, on June 1, 2020, was found to be in possession of a handgun in the Little Village neighborhood of Chicago. He was subsequently charged with violating a federal law that prohibits any noncitizen who is not legally authorized to be 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.”

In an April 2022 decision, Coleman denied Carbajal-Flores’ first motion to dismiss his indictment, finding that the ban was constitutional. However, Carbajal-Flores asked the court to reconsider that ruling following the Supreme Court’s decision in Bruen and appellate decisions in the Third and Seventh Circuit that considered whether people convicted of non-violent crimes can be prohibited from possessing firearms.

Upon review, Coleman concluded that Carbajal-Flores’ illegally present status was not sufficient to deny him Second Amendment rights. The judge said the “plain text” of the Constitution “presumptively protects firearms possession by undocumented persons.”

“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,” the judge 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 court determined that because there is insufficient evidence to suggest Carbajal-Flores is a danger to society, there is no historical analogue that would permit the federal government to deny him his gun rights.



 

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