A federal judge in Illinois ruled that the Constitution protects the gun rights of noncitizens who enter the United States illegally. U.S. District Judge Sharon Johnson Coleman, a President Obama appointee, made the ruling Friday.
A federal prohibition on illegal immigrants owning firearms is “unconstitutional” Coleman determined, as applied to defendant Heriberto Carbajal-Flores. The court found that while the federal ban is “facially constitutional,” there is no historical tradition of firearm regulation that permits the government to deprive a noncitizen who has never been convicted of a violent crime from exercising his Second Amendment rights.
Fox News explains in this case at hand, U.S. v. Carbajal-Flores, the court considered whether people who enter the country illegally can be banned from owning firearms:
Carbajal-Flores is an illegal immigrant who, on June 1, 2020, was found to be in possession of a handgun in the Little Village neighborhood of Chicago. He was subsequently charged with violating a federal law that prohibits any noncitizen who is not legally authorized to be 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.”
In an April 2022 decision, Coleman denied Carbajal-Flores’ first motion to dismiss his indictment, finding that the ban was constitutional. However, Carbajal-Flores asked the court to reconsider that ruling following the Supreme Court’s decision in Bruen and appellate decisions in the Third and Seventh Circuit that considered whether people convicted of non-violent crimes can be prohibited from possessing firearms.
Upon review, Coleman concluded that Carbajal-Flores’ illegally present status was not sufficient to deny him Second Amendment rights. The judge said the “plain text” of the Constitution “presumptively protects firearms possession by undocumented persons.”
“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,” the judge 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 determined that because there is insufficient evidence to suggest Carbajal-Flores is a danger to society, there is no historical analogue that would permit the federal government to deny him his gun rights, according to Fox News.
