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“In this underlying ruling, the Second Amendment community undoubtedly has mixed feelings, because while illegal aliens are most certainly not part of ‘the People,’ everyone has a God-given right to defend themselves against violent acts like rape and murder.”
“Of course, the courts wouldn’t have to decide this question if Joe Biden and the Democratic Party would simply secure our borders.” –
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Undocumented Immigrants Have Right to Own Guns, Judge Rules,
- Case involves Mexican man charged with possessing gun
- Judge rules migrants can bear arms under Second Amendment
A federal judge in Illinois earlier this month ruled that a Mexican man who was living in the U.S. illegally had a constitutional right to own a firearm for self-defense.
In her ruling, U.S. District Judge Sharon Johnson Coleman dismissed charges against Heriberto Carbajal-Flores, who was arrested in 2020 for violating a federal law that prohibits undocumented immigrants from possessing guns.
“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.
The ruling sets up a potential Supreme Court case to determine the extent of Second Amendment rights for an estimated 11 million undocumented immigrants living in the United States. The high court has issued a series of rulings over the past 15 years that have expanded gun rights.
“Congress would have to be a little bit more powerful here because there’s no question that the Constitution applies to people who are not here illegally,” said Shanlon Wu, a former federal prosecutor in a Tuesday interview on NewsNation’s “On Balance.” “The problem here is you need to draw the statute more narrowly.”
Johnson Coleman, an appointee of former President Barack Obama, cited the summer of 2020 when unrest and violence swept across Chicago and other U.S. cities amid protests over police brutality.
Remember
The defendant, who contended the firearm was possessed for self-defense and protection of property “during a time of documented civil unrest” in the spring of 2020, has never been convicted of a felony, a violent crime or a crime involving the use of a weapon.
what are your thoughts?