Obama Appointed Judge Rules Illegals Can Carry Guns

The Democrat war on Americans escalates.

Apparently their gun control mania only applies to law abiding American citizens.

Illegal Immigrant Can Carry Guns: Federal Judge

By: Epoch Times, March 19, 2024:

An illegal immigrant was wrongly banned from possessing guns, according to a recent ruling.

A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”

U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8.

“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman, appointed under President Barack Obama, wrote in her 8-page ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”

Lawyers for Mr. Carbajal-Flores had argued in the most recent motion to dismiss that the government could not show that the law in question was “part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”

In 2022, the Supreme Court determined that the U.S. Constitution’s Second Amendment “presumptively protects” conduct that is covered by the amendment’s “plain text.”

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AUTHOR

Pamela Geller

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