In a surprising turn of events, a federal judge in Illinois ruled that a Mexican man who was living in the US illegally had the right to own a firearm.
US District Judge Sharon Johnson Coleman, an Obama appointee, dismissed a lawsuit against the illegal alien, Heriberto Carbajal-Flores, who was arrested in 2020 for violating a federal law that disallows non-citizens to carry guns.
Judge Coleman argued that Carbajal-Flores, despite carrying a gun, does not have a criminal record, and his arrest was not violent; therefore, he should be afforded his Second Amendment right to “self-defense.”
“Carbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon.”
“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,” the Northern District of Illinois judge wrote in her ruling.
Despite the judge’s ruling, court evidence showed that the immigrant shot his handgun at random moving vehicles, which he thinks are looters who were entering his neighborhood. Still, Judge Coleman ruled he had no prior criminal record.
Coleman continued defending the illegal, saying, “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.”
However, many legal experts questioned Coleman’s decision, saying that it was unconstitutional and did not follow the US Supreme Court’s ruling in New York State Rifle and Pistol Association v. Bruen that stipulated gun control laws must fit the historical tradition.
Furthermore, Carbajal-Flores, who was in the US illegally, should not be afforded the same rights as US citizens protected by the Constitution.
As written in the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
According to Supreme Court, “the people” meant “all members of the political community.” However, foreign citizens, like Carbajal-Flores, are members of different political communities.
The late Justice Antonin Scalia also wrote that “the people” refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.”
Therefore, those who entered the country illegally have not developed any sufficient connection with the country.
Moreover, as per U.S. v Carpio-Leon‘s ruling, “illegal aliens are not law-abiding members of the political community and aliens who have entered the United States unlawfully have no more rights under the Second Amendment than do aliens outside of the United States seeking admittance.”
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Author: The Raging Patriot
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