Tuesday, March 19, 2024
U.S. District Judge Sharon Johnson Coleman recently ruled that an illegal immigrant previously charged for carrying a semi-automatic firearm could legally carry guns under the Second Amendment. Illegal immigrants have previously been prevented from carrying guns and ammunition under 18 U.S.C. 922. The outlet reported that prosecutors charged Heriberto Carbajal-Flores, an illegal immigrant, in 2020 for carrying a semi-automatic pistol in Chicago despite "knowing he was an alien illegally and unlawfully in the United States." The illegal immigrant's lawyers previously attempted to have the case against Carbajal-Flores dismissed on two separate occasions before their third motion to dismiss the case was accepted by Coleman on March 8. Coleman dismissed the case based on the Supreme Court's 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which expanded gun rights and directed lower courts to follow historical context with regard to gun control laws. |
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More Alternate links: Google News | Twitter "[C]arbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020," Coleman added. "Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants." Comments
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