A federal judge recently ruled that an illegal alien was wrongly forbidden from carrying firearms per 18 U.S.C. § 922. Heriberto Carbajal-Flores, an illegal alien, was criminally charged in 2020 after he was found with a semi-automatic pistol in Chicago. Judge Sharon Johnson Coleman dismissed the case after she ruled that 18 U.S.C. § 922 violates the Second Amendment.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman wrote. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
Coleman concurred with the defense’s argument that the government failed to show that the law in question matches 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 presumptively protects conduct included in the amendment’s text. Per this ruling, any regulation must be “consistent with this nation’s historical tradition of firearm regulation.”
Despite the government’s contention that the rule unilaterally does not apply to illegal immigrants, Judge Coleman sided with Carbajal-Flores.
“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country. The court notes, however, that Carbajal-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,” Judge Coleman wrote.