Illegal Immigrants & firearms: A Legal Perspective

Illegal Immigrants and Firearms: A Legal Perspective

The subject of Illegal Immigrants and Firearms just got worse when Judge Sharon Coleman of the Northern District of Illinois recently made a controversial decision to drop gun charges against an undocumented immigrant, Heriberto Carbajal-Flores, in a case that has reignited discussions about Second Amendment rights.

Illegal Immigrants and Firearms: Judge Sharon Coleman

Chicago in 2020, Judge Coleman cited Carbajal-Flores’ clean criminal record and non-violent arrest as reasons for dismissing the charges.

Despite being unlawfully in the United States when he was found with a handgun in Chicago in 2020, Judge Coleman cited Carbajal-Flores’ clean criminal record and non-violent arrest as reasons for dismissing the charges. She argued that his behavior, though not a US citizen, did not indicate a threat to public safety that would justify stripping him of his Second Amendment right to bear arms for self-defense.

Legal During Civil Unrest?

Carbajal-Flores maintained that he possessed the firearm for protection during a period of civil unrest in the wake of George Floyd’s killing, and emphasized that he had no history of violent crimes or felonies. The judge highlighted his compliance with release conditions, steady employment, and lack of new arrests or warrants as further justification for her ruling.

This decision came after the court had previously rejected two motions to dismiss the charges, indicating a shift in the legal landscape following a recent Supreme Court decision regarding gun rights in New York.

Source:

https://www.newsweek.com/undocumented-immigrants-have-right-own-guns-judge-rules-1880806

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