Judge Rules Illegal Immigrants Have Second Amendment Rights To Bear Arms In THIS State

The ruling was made by US District Judge Sharon Johnson Coleman on March 8, regarding the "noncitizen possession statute" as outlined in 18 USC Section 922(g)(5). The judge stated that the statute "violates the Second Amendment as applied" to the defendant, Hariberto Carbajal-Flores.

Carbajal-Flores was apprehended in June 2020 in the Little Village neighborhood of Chicago, Illinois, with a handgun in his possession. He was subsequently charged with contravening the aforementioned law, which deems it illegal for an alien unlawfully present in the United States to possess firearms. Carbajal-Flores defended his actions, stating that he "received and used the handgun for self-protection and protection of property," and has no felony convictions, as noted by Judge Coleman.

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Judge Coleman, an appointee of former President Obama, referenced the 2022 Supreme Court decision in New York State Rifle and Pistol Association v Bruen in her ruling. This case established that New York State could not constitutionally prevent individuals from carrying a pistol in public. Judge Coleman asserted that this case "established a framework for analyzing whether a challenged firearm regulation violates the Second Amendment." This framework involves courts determining whether the "Second Amendment’s plain text covers an individual’s conduct."

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Judge Coleman maintained that Carbajal-Flores' conduct is protected by the Second Amendment, stating, "This Court previously held that Carbajal-Flores’ conduct is covered by the plain text of the Second Amendment…Nothing has occurred that would cause the Court to depart from its prior ruling."

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March 20, 2024

In April 2022, Judge Coleman had initially denied Carbajal-Flores’ motion to dismiss his indictment, ruling that the ban was constitutional, as reported by Fox News. However, following the Bruen decision by the Supreme Court, Carbajal-Flores requested the court to reconsider its decision.

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Judge Coleman concluded that the "Second Amendment’s plain text presumptively protects firearms possession by undocumented persons." She further noted that 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 judge wrote.

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The judge also highlighted 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," Judge Coleman wrote. "Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional."