We're not sure if this news is going to make progressives happy or angry. A judge has ruled that illegal immigrants are still protected under the Second Amendment and can carry guns.
[Federal judge rules] The Second Amendment protects people's ability to own a gun even if they've entered the country illegally https://t.co/D1OjWSv8U8
— Jay Caruso (@JayCaruso) March 19, 2024
FTR, this same judge ruled differently in 2022 but changed after the Bruen decision. And the people saying the constitution protects only citizens is wrong. The Bill of Rights specifically mentions "people" and "persons" (6th says "the accused").
— Jay Caruso (@JayCaruso) March 19, 2024
Stephen Gutowski writes at The Reload:
The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.
That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.
…
The ruling is the latest fallout from the new standard for Second Amendment cases set in Bruen. Since the landmark case was decided in 2022, a wide swath of state and federal gun restrictions have come under increased scrutiny in the courts. Among the most commonly recurring questions raised by the new standard is who can be barred from owning guns, and the Carbajal-Flores case is among the first to examine whether people who entered the country illegally are among them.
Judge Coleman, a Barack Obama appointee, initially found the gun ban for illegal immigrants was constitutional back in April 2022. However, she agreed to reconsider the case in light of rulings from the federal appeals courts in the Third and Seventh Circuit that questioned whether those convicted of non-violent crimes could be permanently disarmed after the High Court handed down Bruen in June 2022. She concluded breaking misdemeanor immigration laws alone is not enough justification to strip somebody of their gun rights under the new test.
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Illegal immigrants can now carry guns, a federal judge has ruled. At this point, it seems like illegals have as many rights as US citizens but without even half the responsibilities.
— Ian Miles Cheong (@stillgray) March 19, 2024
U.S. District Judge Sharon Johnson Coleman has ruled that an illegal immigrant's Second… pic.twitter.com/Xz3SaLoJfs
Illegal immigrants can now carry guns, a federal judge has ruled. At this point, it seems like illegals have as many rights as US citizens but without even half the responsibilities.
U.S. District Judge Sharon Johnson Coleman has ruled that an illegal immigrant's Second Amendment rights were violated when he was charged with unlawfully possessing firearms.
The case in question involves Heriberto Carbajal-Flores, an undocumented immigrant who was charged under 18 U.S.C § 922, a federal statute prohibiting illegal aliens from carrying guns or ammunition. However, Judge Coleman determined that this law, as applied to Carbajal-Flores, infringes upon his constitutional right to keep and bear arms.
The defense team successfully argued that the government failed to demonstrate how the statute aligns with America's historical tradition of firearm regulation, a requirement set forth by the Supreme Court in 2022. They contended that lifetime disarmament based solely on alienage or nationality lacks roots in U.S. history and tradition.
Remarkably, Judge Coleman noted that Carbajal-Flores has no prior convictions for felonies, violent crimes, or weapons offenses. She even acknowledged his claim that he obtained and used the handgun exclusively for self-protection during a period of documented civil unrest.
The implications of this ruling are profoundly troubling. By extending Second Amendment protections to illegal immigrants, the court has effectively prioritized the rights of non-citizens over the safety and security of American citizens. It sets a dangerous precedent that could lead to a surge in armed illegals , further compromising the US' already strained immigration enforcement efforts.
Moreover, this decision raises serious questions about the consistency and coherence of the legal system. How can anyone justify granting constitutional gun rights to those who have willfully violated immigration laws, while law-abiding citizens face increasing restrictions on their Second Amendment freedoms?
Hold up … are illegal immigrants bringing guns with them when they cross the border? "She even acknowledged his claim that he obtained and used the handgun exclusively for self-protection during a period of documented civil unrest." We're really curious about the word "obtained" here. How does an illegal immigrant pass a background check?
Here is what I don't understand about this ruling. A lot of criminals who are US Citizens aren't allowed to own guns. Isn't he a criminal just by virtue of the fact that he is present in this country illegally?
— Christina Pushaw 🐊 🇺🇸 (@ChristinaPushaw) March 19, 2024
Well, he's not been found guilty of a felony, so …
There is never logic (or consistency), only tactics.
— Chapter Lurid (@ChapterLurid) March 19, 2024
The thinking is that if illegal immigrants commit crimes with guns, then conservatives will support gun controls for illegal immigrants, then those same laws can be applied to citizens.
You are probably right about their thinking. But as a conservative I dont find it inconsistent at all to restrict criminals from buying guns and to punish gun crimes harshly while not infringing upon the rights of law abiding citizens.
— Christina Pushaw 🐊 🇺🇸 (@ChristinaPushaw) March 19, 2024
That is immaterial. Illegal aliens do not by law, enjoy the freedoms of American citizens. It is illegal in every state for illegals to possess firearms. This ruling is a trojan horse, and they planned it a long time ago. It is to get Americans to demand more gun control.
— Matthew S Harrison (@MatthewSHarriso) March 19, 2024
The "fact checkers" over at @PolitiFact and @USATODAY told us this was impossible just a few weeks ago. https://t.co/jicwiwueqb pic.twitter.com/zo6dfVYQxk
— America 2100 (@America_2100) March 19, 2024
It’s insane. I had to present two forms of VALID ID to purchase a firearm. I had to check a box that I am a LEGAL U.S. citizen to get a gun.
— Geno (@geno101959) March 19, 2024
What the actual hell. They can board a plane without ID, they can vote in certain cities, drive a car, and now own a gun.
Yeah, we're still hung up on that "obtained" part. Where, when, and how did Heriberto Carbajal-Flores obtain a firearm?
The bigger question is how can they possibly conduct a background check on someone who had no background? Which means that background checks need to be eliminated due to the equal protection clause…
— Sgt Shtf (@SGTSHTF01) March 19, 2024
Weird, because we didn’t charge you with the first crime you committed we won’t charge you with this one either.
— Jake (@butimjustjake) March 19, 2024
My question is, how does this illegal immigrant have a legal TEAM, lawyers--plural with an "S"? I'm curious who is funding his legal team, most illegals typically get a public defender. Also, Illinois requires a permit to own and carry a handgun, how did he obtain one, or did he?
— Twill Tell (@TellTwill) March 19, 2024
Those are felony laws that typically get you stripped of gun rights. Do you think people lose gun rights for a ticket? It’s a spectrum.
— Zaid Jilani (@ZaidJilani) March 19, 2024
Being in the country illegally is a misdemeanor, not a felony. And the Second Amendment doesn't mention "citizens," only "the people."
I can’t believe I went through so much trouble and paperwork to marry my eastern European wife, when she could have just walked across the boarder and lived tax free
— James Harrison (@BrooklynHippy) March 19, 2024
There is no “American citizen” anymore.
— Town Square (@XTownSquareX) March 19, 2024
This administration has ensured that.
They're not illegal immigrants, they're "new Americans."
This is great. The way I see it, this judge just nullified all existing gun laws. Arm up whenever, wherever, and with whatever you desire.
— Georgia Hillbilly (@GA_Hillbilly1) March 19, 2024
Anti-gun activists very silent on this one
— PanHerring's fish & chickens (@panherring) March 19, 2024
"Replacement migration isn't happening, and it's good that it is"
— Nate Hochman (@njhochman) March 19, 2024
"Critical race theory isn't being taught in schools, and it's good that it is"
"Illegal immigrants owning guns isn't legal, and it's good that it is"
Starting to sense a pattern here https://t.co/JbITYelTJw
That’s a great question.
— Simon VanDyk (@VandykSimon) March 19, 2024
How can someone who is not a citizen posses a right granted to them by a constitution that was written for citizens of that country?
We'll need our resident lawyer, Aaron Walker, to take a deep dive into this decision. But apparently non-Americans are protected under the Second Amendment just by being on U.S. soil.
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