District Judge: Gun Ban For Illegal Immigrant Unconstitutional

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On March 8, 2024, U.S. District Judge Sharon Johnson Coleman decided against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores.

The case at hand centered on Carbajal-Flores, who was “charged with possession of a firearm while illegally or unlawfully in the United States.” He had a handgun in his possession “in the Little Village neighborhood of Chicago, Illinois,” on June 1, 2020. He was charged for being a non-citizen in possession for a firearm.

Carbajal-Flores sought twice, unsuccessfully, to have his indictment removed. But in his third attempt, a decision in the United States Court of Appeals for the Seventh Circuit and the Supreme Court of the United States’ Bruen (2022) decision, resulted in a different outcome.

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Coleman ultimately concluded, “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

The case is United States v. Carbajal-Flores, No. 1:20-cr-00613 in the U.S. District Court for the Northern District of Illinois.

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