Obama-Appointed Judge Rules Illegal Immigrants Can Carry Guns Under Second Amendment
In a recent legal decision with far-reaching implications, a District Court judge in Illinois has delivered a landmark ruling, asserting that the prohibition of illegal immigrants from possessing firearms constitutes a violation of the Second Amendment.
US District Judge Sharon Johnson Coleman’s ruling on March 8 pertained to the case of defendant Hariberto Carbajal-Flores, charged with violating the “noncitizen possession statute” outlined in 18 USC Section 922(g)(5).
Coleman unequivocally stated that this statute “violates the Second Amendment as applied” to Carbajal-Flores, The Post Millennial reports.
Carbajal-Flores, who was arrested in June 2020 in Chicago’s Little Village neighborhood with a handgun in his possession, defended himself by stating that he used the firearm for self-protection and safeguarding property.
Judge Coleman highlighted that Carbajal-Flores had no felony convictions, underlining the nonviolent nature of his past.
Drawing on legal precedent, Coleman referenced the 2022 Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, which established a critical framework for assessing firearm regulations’ compliance with the Second Amendment.
Coleman stressed that this framework involved scrutinizing whether the “plain text of the Second Amendment” covered an individual’s conduct.
Coleman also highlighted Carbajal-Flores’ clean record and the circumstances surrounding his arrest, arguing that they did not pose a threat to public safety. This comprehensive assessment led Coleman to conclude that Carbajal-Flores should not be deprived of his Second Amendment right to bear arms in self-defense.
The ruling has ignited passionate debate among gun rights activists, with divergent views on the constitutional rights of illegal immigrants. Erich Pratt, senior vice president of Gun Owners of America (GOA), underscored the organization’s longstanding concerns about the potential consequences of unchecked illegal immigration on gun policies and political dynamics.
Pratt acknowledged the complex nature of the issue, highlighting the fundamental right to self-defense while cautioning against the broader implications of illegal immigration on national security.
The ruling, amid ongoing discussions on immigration reform and constitutional rights, underscores the intricate interplay between legal precedent, public safety considerations, and individual rights within the American judicial system.
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