In a significant legal development, a federal judge in Illinois has asserted that the Second Amendment of the U.S. Constitution extends its protective arm to noncitizens who reside in the country without legal authorization. U.S. District Judge Sharon Johnson Coleman, appointed by former President Barack Obama, issued a ruling earlier this month that dismissed charges against Heriberto Carbajal-Flores, an undocumented immigrant who was arrested for gun possession in 2020. This decision, challenging conventional perspectives on constitutional rights, has sparked discussions on the reach of the Second Amendment.
Heriberto Carbajal-Flores, the defendant in this case, was charged under Title 18 of the U.S. Criminal Code, which prohibits noncitizens from possessing firearms. However, Judge Coleman underscored that Carbajal-Flores “had no criminal history of improper use of a gun” and did not present a public danger when exercising his Second Amendment rights in Chicago. The judge further explicated that Carbajal-Flores claimed to have obtained the firearm solely for self-defense during the civil unrest in the spring of 2020. “Thus, this Court finds that, as applied to Carbajal-Flores, [Title 18] is unconstitutional,” Coleman wrote.
The judge’s opinion is grounded in the recent Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen, which emphasizes that the government cannot constitutionally restrict someone from carrying a pistol in public. This landmark case has set a new precedent, compelling courts to examine the constitutionality of firearm regulations critically. Coleman referenced Bruen, saying, “established a framework for analyzing whether a challenged firearm regulation violates the Second Amendment.”
The court’s analysis concentrated on whether an undocumented individual’s presence in the U.S. could be a legitimate basis to deny them the right to own firearms. After reviewing the circumstances of Carbajal-Flores’ case, Coleman concluded that 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.”
The ruling has ignited varying responses, particularly within the gun rights advocacy community. While some argue that constitutional rights should not extend to noncitizens, others acknowledge that everyone has an inherent right to self-defense. Erich Pratt, senior vice president of Gun Owners of America, expressed mixed feelings regarding the ruling: “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.”
The decision has also prompted broader political reactions, with Senator Marco Rubio (R-Fla.) critiquing the blurring lines between citizenship and noncitizenship. “You almost wonder if it’s not being done to sort of mock both gun laws and also the whole understanding of the value of being a citizen of the United States of America,” Rubio commented on “Hannity.”
Relevant articles:
– Illegal immigrants can possess guns under Second Amendment, federal judge rules
– Judge rules illegal immigrants have gun rights protected by 2nd Amendment, Fox News, Tue, 19 Mar 2024 17:50:00 GMT
– Illinois judge rules illegal migrants can carry guns, NewsNation Now, Wed, 20 Mar 2024 02:28:52 GMT
– Illinois judge rules illegal migrants can carry guns, New York Post, Wed, 20 Mar 2024 15:06:00 GMT