Judge Appointed by Obama Rules: Illegal Aliens Can Possess Guns – EVOL

A recent ruling determined that an illegal immigrant was unjustly prohibited from owning firearms.

A federal law, Section 922 of Title 18 of the U.S. Code, prohibits illegal immigrants from possessing firearms or ammunition.

Heriberto Carbajal-Flores, identified as an illegal immigrant, faced charges in 2020 when he was discovered in Chicago with a semi-automatic pistol, despite being aware of his unlawful presence in the United States.

U.S. District Judge Sharon Johnson Coleman denied two dismissal motions, but on March 8, she dismissed the case following a third motion referencing a 2022 U.S. Supreme Court decision.

“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.”

In the latest motion to dismiss, attorneys representing Mr. Carbajal-Flores contended that the government failed to demonstrate 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 ruled that the Second Amendment of the U.S. Constitution “presumptively protects” activities explicitly outlined in the amendment’s “plain text.”

To justify regulations,



Subscribe to Our Free Newsletter