Illegal Immigrants Have 2A Rights Per Federal Judge

A Federal Judge has ruled that the Second Amendment to the United States Constitution applies to illegal immigrants. Obama-appointed District Judge Sharon Johnson Coleman ruled that the 2020 arrest of illegal immigrant Hariberto Carbajal-Flores for possessing a handgun was unconstitutional.

How would he have that right if he's not a US Citizen? 👇
Obama-Appointed Judge Dismisses Gun Charges, Says Illegal Immigrant Should Not ‘Be Deprived Of His Second Amendment Right’ https://t.co/6F02xF5KHJ

— The Talk Show American🎙- 🇺🇸 (@TalkShowAmerica) March 20, 2024

This is a strange case about which one might ask either “What’s a liberal to do?” or “What’s a conservative to do?” It pits the liberal’s altruism for illegal migrants against a conservative’s fierce defense of gun rights.

It is not often that left-leaning, Democrat-appointed judges support the individual right to bear arms. However, judicial precedent regarding the Second Amendment has been a moving target in recent years, resulting in odd twists in this case.

The defendant’s original arrest was for carrying a handgun in Chicago for reasons of self-defense. A United States federal law known as the “noncitizen possession statute” prohibits aliens — legal or illegal — from possessing firearms.

Carbajal-Flores’ appeal was originally in Judge Coleman’s court in April 2022, when she refused to dismiss the charge and ruled that the law was constitutional.

However, in June 2022, the Supreme Court handed down its landmark New York State Rifle and Pistol Association v. Bruen decision. This ruled that New York’s law requiring a license to own a gun and requiring “good cause” for concealed carry was unconstitutional.

Carbajal-Flores resubmitted his appeal following the Bruen ruling. In light of the new precedent, Judge Coleman ruled that the “Second Amendment’s plain text presumptively protects firearms possession by undocumented persons.”

Judge Coleman suddenly sounds like a gun-toting conservative when this approach can exonerate an illegal immigrant: “The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense.”

Many should not be shocked at the ruling, given how much latitude illegal immigrants are given by the judiciary. Even violent felonies and drunk driving do not warrant automatic deportation.

There is a point of view that Constitutional rights only apply to citizens of the United States —whether that citizenship came via birth or a lawful naturalization process.

Judge Coleman noted that Carbajal-Flores had no felonies on his record which would preclude ownership of a firearm. But some find it odd that trespassing on a nation’s land without permission is not a felony.