A federal judge in Illinois ruled that the Constitution protects the freedom of noncitizens who enter the country illegally. U. S. District Judge Sharon Johnson Coleman, a President Obama appointment, made the ruling Friday.
A national prohibition on unlawful immigrants owning weapon is “unconstitutional” Coleman determined, as applied to accused Heriberto Carbajal- Torres. The court determined that while the national ban is “facially constitutional,” there is no historical precedent for gun control that would prevent the government from denying a noncitizen who has never been found guilty of a harsh violence from exercising his Second Amendment rights.
Fox News explains in this case at side, U. S. v. Carbajal- Reyes, the jury considered whether people who enter the land improperly may be banned from owning handguns:
Carbajal- Reyes is an illegal refugee who was discovered to be carrying a gun on June 1, 2020, in Chicago’s Little Village area. In addition, he was charged with breaking a federal law that forbids any noncitizen who is not legally authorized to be in the United States from “possessing ] in or affecting commerce any firearm or ammunition, or receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.
In an April 2022 choice, Coleman denied Carbajal- Flores ‘ second motion to dismiss his accusation, finding that the ban was legal. Following the Supreme Court’s decision in Bruen and the Third and Seventh Circuits that ruled whether non-violent felons may not be able to possess weapon, Carbajal-Flores requested that the court rethink that decision.  ,
After reviewing, Coleman came to the conclusion that Coleman’s improperly present position did not prove to be sufficient to prevent him from obtaining Second Amendment rights. The prosecutor argued that the “plain wording” of the Constitution “presumptively protects firearms possessed by illegal individuals.”
” Carbajal- Torres has never been convicted of a criminal, a violent crime, or a violence involving the use of a tool. Carbajal- Flores asserts even in the current situation that during a period of documented civic unrest in the Spring of 2020, he only received and used the gun for self-protection and property protection. ” 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”.
There is no traditional analogue that would allow the federal government to refuse Carbajal-Flores his gun rights, the court said. There is insufficient evidence to support the court’s decision, according to Fox News.
