According to a ruling from an Obama-appointed federal judge in Illinois, illegal foreigners who enter the country are able to possess weapon.
A federal ban on unlawful immigrants from owning weapon is illegal, according to U.S. District Judge Sharon Johnson Coleman on Friday. Heriberto Carbajal-Flores ‘ questions regarding gun ownership led to the prosecution’s investigation.
Carbajal- Torres is an illegitimate alien who, in 2020, was found to be in hands of a gun in Chicago’s Little Village area. He was accused of breaking a federal law that forbids illegal immigrants from “possessing ] in or affecting commerce any firearm or ammunition, or from receiving any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.
Judge Coleman argued that while the moratorium is “facially constitutional,” there is no precedence for firearm rules for noncitizens who have not been found guilty of a crime. The prosecutor argued that the noncitizen hands act violates the Next Amendment as applied to Carbajal-Flores. ” So, the Court offers Carbajal- Flores ‘ motion to reject”.
In New York State Rifle and Pistol Association v. Bruen ( 2022 ), Coleman cited a landmark Supreme Court decision that established a new standard for determining whether a gun control law is in violation of the Second Amendment.
In April 2022, the judge immediately rejected Carbajal- Flores ‘ request to dismiss the case, concluding that the ban was legal. However, following the Bruen event, Cabarjal-Flores requested that the court reconsider the decision. After reviewing, Judge Coleman determined that the refugee’s lack of legal standing was insufficient to stop him from possessing a gun.
” 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”.
The prosecutor argued that giving Carbajal-Flores access to firearms would become illegal because he has not shown any evidence that he is a threat to society.
According to Coleman,” The Court finds that Carbajal- Flores ‘ legal document, which does not include any improper use of a tool, as well as the non-violent circumstances of his imprisonment do not help a finding that he poses a risk to public safety for that he cannot be trusted to use a weapon appropriately and should be denied his Second Amendment right to bear arms in self-defense,” ” Thus, this Court finds that, as applied to Carbajal- Flores, Section 922 ( g ) ( 5 ) is unconstitutional”.
