National Judge Rules Illegal Immigrants Can Carry Guns in the U.S.

[pdxjimbo]

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."

https://www.thegatewaypundit.com/2024/03/obama-appointed-judge-rules-illegal-immigrants-can-carry/

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[Traskriver]

Judges are now twisting the Bruen decision for nefarious purposes. What a state of affairs! Unbelievable!

 

[nammac]

Interesting…

 

[pogi]

There seems to be no reason to be a US citizen anymore.

 

[Nosferatu]

They are afforded all other constitutional rights, why should the 2nd be excluded?

 

[rjmt]

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."

https://www.thegatewaypundit.com/2024/03/obama-appointed-judge-rules-illegal-immigrants-can-carry/

this happened in Chicago
it's illegal for an American citizen to carry in Chicago, but now illegals can?!?!?!?

furthermore, the Judge ruled that Section 922 is unconstitutional as it applies to Illegals?

 

[bionic knees]

hey judge Coleman

 

[rjmt]

this happened in Chicago
it's illegal for an American citizen to carry in Chicago, but now illegals can?!?!?!?

furthermore, the Judge ruled that Section 922 is unconstitutional as it applies to Illegals?

her ruling only applied to Federal law Section 922
why didn't Chicago charge him under state and Chicago city laws?
according to the ATF, it's illegal for him to purchase a firearm
I have not read her entire 8 page brief, but did she list ATF regulation on firearm purchases unconstitutional also

 

[Val1884]

Good this is a tipping point to no gun laws period.

 

[rjmt]

I'm waiting to see what the California Attorney General has to say about this
Chicago isn't under the 9th Court of Appeals so they can't reverse it

 

[bcp]

https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_20-cr-00613/pdf/USCOURTS-ilnd-1_20-cr-00613-2.pdf

Bruce

 

[rjmt]

https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_20-cr-00613/pdf/USCOURTS-ilnd-1_20-cr-00613-2.pdf

Bruce

thanks
this ruling only applies to THIS individual illegal and not the general population of illegals
and only applies to one Federal law, not the local state and Chicago laws

Conclusion
The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as
applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores' motion to dismiss [83]

what I find interesting is that illegals are now included in "the people" as pertaining to our Constitution and Bill of Rights

 

[Traskriver]

thanks
this ruling only applies to THIS individual illegal and not the general population of illegals
and only applies to one Federal law, not the local state and Chicago laws

Conclusion
The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as
applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores' motion to dismiss [83]

what I find interesting is that illegals are now included in "the people" as pertaining to our Constitution and Bill of Rights

That's referred as a judicial precedent. The decision needs to be appealed to a higher court and struck down. That is my uneducated layman opinion.

 

[trevi]

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."

https://www.thegatewaypundit.com/2024/03/obama-appointed-judge-rules-illegal-immigrants-can-carry/

Maybe we should presenting all NFA and Hughes cases before this judge as he may vote in our favour. Repeal the stupid ATF and other anti-2A laws.

 

[nammac]

thanks
this ruling only applies to THIS individual illegal and not the general population of illegals
and only applies to one Federal law, not the local state and Chicago laws

Conclusion
The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as
applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores' motion to dismiss [83]

what I find interesting is that illegals are now included in "the people" as pertaining to our Constitution and Bill of Rights

If I'm not mistaken, the Constitution and Bill of Rights has always been applied. That's why illegal immigrants are given their Miranda Rights…

 

[Nosferatu]

If I'm not mistaken, the Constitution and Bill of Rights has always been applied. That's why illegal immigrants are given their Miranda Rights…

They do.

This is a good, brief overview:

https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/

ArtI.S8.C18.8.7.2 Aliens in the United States

Article I, Section 8, Clause 18:
[The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

In 1903, the Court in the Japanese Immigrant Case reviewed the legality of deporting an alien who had lawfully entered the United States, clarifying that an alien who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population could not be deported without an opportunity to be heard upon the questions involving his right to be and remain in the United States.1 In the decades that followed, the Supreme Court maintained the notion that once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders.2

Eventually, the Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.3 The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.4 Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.5 Accordingly, notwithstanding Congress's indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.6

Yet the Supreme Court has also suggested that the extent of due process protection may vary depending upon [the alien's] status and circumstance.7 In various opinions, the Court has suggested that at least some of the constitutional protections to which an alien is entitled may turn upon whether the alien has been admitted into the United States or developed substantial ties to this country.8 Thus, while the Court has recognized that due process considerations may constrain the Federal Government's exercise of its immigration power, there is some uncertainty regarding the extent to which these constraints apply with regard to aliens within the United States.

 

[AshWilliams]

There seems to be no reason to be a US citizen anymore.

What even is a US citizen anymore?

 

[rjmt]

If I'm not mistaken, the Constitution and Bill of Rights has always been applied. That's why illegal immigrants are given their Miranda Rights…

according to a Liberal Law Professor at Yale, this is true
but also according to him it is your obligation to be a victim if attacked, there is no justification for violence against another human being
according to the" Illegal Immigration Reform and Immigrant Responsibility Act of 1996", if an illegal is detained within 100 miles of the US boarder, they are not a "person" under the constitution

 

[Gbirk]

They are afforded all other constitutional rights, why should the 2nd be excluded?

While I personally have reservations about where this ruling will lead and how the government may twist it to their benefit, I think it is the correct interpretation of the law.

Think of it like free speech.....I may not like what you are saying, but I will fight for your right to say it.
Likewise, I may not like who has the gun, but I will support their right to have it until they prove they don't deserve it.

I get it, they are here illegally, but they have a right to defend themselves just like I do. Absolutely find them and deport them, they broke the law, but unless they are violent and harming other people I don't see why they should be defenseless.

The bill or rights is a document limiting government and protecting the God given rights everyone is born with, not a document outlining rights given to us by the government. I doubt god only gave those rights to citizens of the US.

 

[Mathias]

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."

https://www.thegatewaypundit.com/2024/03/obama-appointed-judge-rules-illegal-immigrants-can-carry/

ALLWAYS CARRY