by Jim Hoft, The Gateway Pundit:
U.S. District Judge Sharon Johnson Coleman, appointed by Barack Obama, ruled that an illegal immigrant has the right to bear arms under the Second Amendment of the U.S. Constitution.
This ruling came about in the case of Heriberto Carbajal-Flores, who faced charges under 18 U.S.C. § 922(g)(5), a federal statute that prohibits noncitizens without legal status in the U.S. from “possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
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Carbajal-Flores, who has been living in the United States illegally, was charged after he was found to be carrying a gun in Chicago during the civil unrest in the spring of 2020.
He and his lawyers have fought the charge, arguing that the gun was for self-defense and citing a Supreme Court ruling on New York State Rifle & Pistol Association Inc. v. Bruen, that New York’s law was unconstitutional and that the ability to carry a pistol in public was a constitutional right.
On March 8, Judge Coleman concurred with Carbajal-Flores’ defense, stating that his nonviolent history and adherence to the conditions of his pretrial release demonstrated he did not pose a public safety risk.
The judge’s ruling claims that the statute under which Carbajal-Flores was charged does not align with the nation’s historical tradition of firearm regulation and, therefore, cannot be used to strip him of his Second Amendment rights.
“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,” Judge Coleman wrote.
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