U.S. District Judge Sharon Johnson Coleman recently ruled that an illegal immigrant previously charged for carrying a semi-automatic firearm could legally carry guns under the Second Amendment.
According to Epoch Times, illegal immigrants have previously been prevented from carrying guns and ammunition under 18 U.S.C. § 922. The outlet reported that prosecutors charged Heriberto Carbajal-Flores, an illegal immigrant, in 2020 for carrying a semi-automatic pistol in Chicago despite “knowing he was an alien illegally and unlawfully in the United States.”
The illegal immigrant’s lawyers previously attempted to have the case against Carbajal-Flores dismissed on two separate occasions before their third motion to dismiss the case was accepted by Coleman on March 8. Coleman dismissed the case based on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which expanded gun rights and directed lower courts to follow historical context 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. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
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“[C]arbajal-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,” Coleman added. “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.”
While the Department of Justice argued that the ban on illegal immigrants carrying weapons was similar to historical bans that prevented British loyalists from owning guns following the establishment of the United States, Coleman ruled that historical bans included “exceptions” that allowed individuals to carry weapons if they were “determined to be non-violent,” according to Epoch Times.
Colman explained that since Carbajal-Flores has not displayed dangerous behavior, preventing him from carrying a firearm would go against historical precedent.
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