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Judge appointed by O'Bama rules illegals can legally carry firearms and ammo
Posted on 3/18/24 at 6:21 pm
Posted on 3/18/24 at 6:21 pm
LINK
An illegal immigrant was wrongly banned from possessing guns, according to a recent ruling.
A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”
U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman, appointed under President Barack Obama, wrote in her 8-page ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
Lawyers for Mr. Carbajal-Flores had argued in the most recent motion to dismiss that the government could not show that the law in question was “part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”
In 2022, the Supreme Court determined that the U.S. Constitution’s Second Amendment “presumptively protects” conduct that is covered by the amendment’s “plain text.”
To justify regulations, governments must show that each regulation “is consistent with this nation’s historical tradition of firearm regulation,” the high court said at the time. “Only if a firearm regulation is consistent with this nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command,’” it said.
“Lifetime disarmament of an individual based on alienage or nationality alone does not have roots in the history and tradition of the United States,” Mr. Carbajal-Flores’s lawyers argued.
They pointed to several rulings interpreting the Supreme Court’s decision, including an appeals court ruling that declared stripping a man convicted of a nonviolent crime of his gun rights was unconstitutional.
The government opposed the motion, noting that neither of the cited decisions applied to illegal immigrants and that the defendant ignored other rulings that did, including a 2023 ruling that found that Second Amendment rights aren’t afforded to illegal immigrants. The government also offered examples of laws that prohibited certain categories of people from carrying guns, including “individuals who threatened the social order through their untrustworthy adherence to the rule of law.”
But Judge Coleman ruled for the defendant, finding that the laws against untrustworthy people contained exceptions for people who signed loyalty oaths and were deemed nonviolent.
“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country. The court notes, however, that Carbajal-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,” she wrote.
“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. The court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense.”
An attorney representing Mr. Carbajal-Flores declined to comment. Federal prosecutors didn’t respond to a request for comment.
An illegal immigrant was wrongly banned from possessing guns, according to a recent ruling.
A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”
U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman, appointed under President Barack Obama, wrote in her 8-page ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
Lawyers for Mr. Carbajal-Flores had argued in the most recent motion to dismiss that the government could not show that the law in question was “part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”
In 2022, the Supreme Court determined that the U.S. Constitution’s Second Amendment “presumptively protects” conduct that is covered by the amendment’s “plain text.”
To justify regulations, governments must show that each regulation “is consistent with this nation’s historical tradition of firearm regulation,” the high court said at the time. “Only if a firearm regulation is consistent with this nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command,’” it said.
“Lifetime disarmament of an individual based on alienage or nationality alone does not have roots in the history and tradition of the United States,” Mr. Carbajal-Flores’s lawyers argued.
They pointed to several rulings interpreting the Supreme Court’s decision, including an appeals court ruling that declared stripping a man convicted of a nonviolent crime of his gun rights was unconstitutional.
The government opposed the motion, noting that neither of the cited decisions applied to illegal immigrants and that the defendant ignored other rulings that did, including a 2023 ruling that found that Second Amendment rights aren’t afforded to illegal immigrants. The government also offered examples of laws that prohibited certain categories of people from carrying guns, including “individuals who threatened the social order through their untrustworthy adherence to the rule of law.”
But Judge Coleman ruled for the defendant, finding that the laws against untrustworthy people contained exceptions for people who signed loyalty oaths and were deemed nonviolent.
“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country. The court notes, however, that Carbajal-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,” she wrote.
“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. The court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense.”
An attorney representing Mr. Carbajal-Flores declined to comment. Federal prosecutors didn’t respond to a request for comment.
This post was edited on 3/18/24 at 6:23 pm
Posted on 3/18/24 at 6:28 pm to Night Vision
So by incorporating illegal aliens into 'the people' for 2A rights, this grants them other rights, like voting.
-Dept of Injustice
-Dept of Injustice
This post was edited on 3/18/24 at 6:46 pm
Posted on 3/18/24 at 6:30 pm to Night Vision
the Constitution applies to all people in America, not just citizens
Posted on 3/18/24 at 6:33 pm to Night Vision
quote:
he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”
Kinda tough not to be a bit on his side given his location
quote:
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. The court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly
I like him more than millions of American Citizens
quote:
his Second Amendment right to bear arms
Posted on 3/18/24 at 6:35 pm to Brosef Stalin
the Constitution applies to all people in America, not just citizens
——
Stupidest shite I’ve seen in a while
Posted on 3/18/24 at 6:35 pm to dakarx
quote:
So by incorporating illegal aliens into 'the people' for 2A rightsm, this grants then other rights, like voting.
No it doesn't.
Posted on 3/18/24 at 6:37 pm to lsufan112001
quote:
Stupidest shite I’ve seen in a while
Take it up with James Madison
Posted on 3/18/24 at 6:39 pm to Brosef Stalin
quote:
the Constitution applies to all people in America, not just citizens
quote:
We the People of the United States,
illegals are not "people of the United States". they are illegal victors and do not enjoy the same rights as citizens.
Posted on 3/18/24 at 6:39 pm to Cuz413
quote:
illegal
quote:
gainfully employed
Posted on 3/18/24 at 6:40 pm to Rebel
quote:
illegals are not "people of the United States". t
"We the people" has nothing to do with this.
quote:
they are illegal victors and do not enjoy the same rights as citizens.
This isn't the law and hasn't really ever been the law, but for sure since the late 1800s
Posted on 3/18/24 at 6:42 pm to Brosef Stalin
quote:
the Constitution applies to all people in America, not just citizens
Correct. Those rights come from God. Anyone disagrees with this must think they're rights come from gment
Posted on 3/18/24 at 6:43 pm to Night Vision
So where the flip does he go buy a gun without ID or a background check? And are we going to extend the same courtesy to law-abiding citizens?
Da Fuq is going on around here?
Da Fuq is going on around here?
Posted on 3/18/24 at 6:46 pm to CR4090
quote:
So where the flip does he go buy a gun without ID or a background check?
Private party sale
Posted on 3/18/24 at 6:48 pm to Night Vision
quote:
is gainfully employed
isn't it illegal to hire them?
Posted on 3/18/24 at 6:48 pm to Rebel
"We the people" refers to who wrote it, not who it applies to
Posted on 3/18/24 at 6:49 pm to Schleynole
quote:
Correct. Those rights come from God. Anyone disagrees with this must think they're rights come from gment
Correct.
Sounds like some people are angry that our government cant ban people from having firearms.
Posted on 3/18/24 at 6:49 pm to Brosef Stalin
quote:Criminals are subject to surrendering their rights.
the Constitution applies to all people in America, not just citizens
Posted on 3/18/24 at 6:50 pm to Brosef Stalin
quote:
the Constitution applies to all people in America, not just citizen
False. The mere presence of illegals being in this country is a) illegal and b) we have laws about criminals carrying firearms.
Posted on 3/18/24 at 6:51 pm to Night Vision
How many times must this be said?
The 2nd Amendment does not grant the right to arms, but instead constrains government from infringing on the natural right to bear arms
The 2nd Amendment does not grant the right to arms, but instead constrains government from infringing on the natural right to bear arms
Posted on 3/18/24 at 6:52 pm to Taxing Authority
quote:
Criminals are subject to surrendering their rights.
Some of them. They've also been convicted of a crime.
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