A recent ruling from U.S. District Judge Sharon Johnson Coleman allowed an illegal immigrant who had been charged with using a semi-automatic weapon to take a gun in accordance with the Second Amendment.
According to Epoch Times, unlawful immigrants have recently been prevented from carrying weapons and ammunition under Section 18 U.S. C. 922. According to the report, lawyers indicted illegal immigrant Heriberto Carbajal-Flores in 2020 for carrying a semi-automatic revolver in Chicago despite “knowing he was an alien fraudulently and unlawfully in the United States.”
Before their next action to dismiss the case was accepted by Coleman on March 8, the unlawful individual’s attorneys had recently attempted to have the situation against Carbajal- Flores dismissed on two separate occasions. Coleman dismissed the situation based on the Supreme Court’s 2022 selection in New York State Rifle &, Pistol Association, Inc. v. Bruen, which expanded weapons right and directed lower courts to pursue historical perspective with regard to gun control laws.
” The noncitizen possession statute, 18 U. S. C.§ 922 ( g ) ( 5 ), violates the Second Amendment as applied to Carbajal- Flores”, Coleman wrote. ” Therefore, the court offers Carbajal- Flores ‘ motion to reject”.
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“]C] arbajal- Torres has never been convicted of a criminal, a harsh crime, or a violence involving the use of a tool. Carbajal- Flores asserts that even in the current case, he only used the handgun for self-defense and property protection during a alleged civil unrest in the spring of 2020, Coleman continued. ” Also, Pretrial Service has confirmed that Carbajal- Flores has continuously adhered to and fulfilled all the mentioned conditions of his release, is gainfully employed, and has no fresh arrests or exceptional warrants”.
According to Coleman, Coleman ruled that traditional bans included “exceptions” that allowed people to carry weapons if they were “determined to become non-violent,” in contrast to the Department of Justice’s argument that the ban on illegal immigrants carrying arms was comparable to those that prevented English hardliners from owning weapons after the United States ‘ founding.
Colman argued that preventing Carbajal- Flores from carrying a firearm may go against traditional precedent because he has never displayed harmful behavior.
