On March 8, 2024, U.S. District Judge Sharon Johnson Coleman determined towards a federal ban on gun possession for unlawful immigrant Heriberto Carbajal-Flores.
The case at hand centered on Carbajal-Flores, who was “charged with possession of a firearm while illegally or unlawfully in the United States.” He had a handgun in his possession “in the Little Village neighborhood of Chicago, Illinois,” on June 1, 2020. He was charged for being a non-citizen in possession for a firearm.
Carbajal-Flores sought twice, unsuccessfully, to have his indictment eliminated. But in his third try, a call within the United States Court of Appeals for the Seventh Circuit and the Supreme Court of the United States’ Bruen (2022) determination, resulted in a distinct end result.
Coleman, a Barack Obama appointee, countered authorities arguments towards Carbajal-Flores’ firearm possession by noting:
The authorities argues that Carbajal-Flores is a noncitizen who’s unlawfully current on this nation. The Court notes, nonetheless, that Carbajal-Flores has by no means been convicted of a felony, a violent crime, or a criminal offense involving the usage of a weapon. Even within the current case, Carbajal-Flores contends that he obtained and used the handgun solely for self-protection and safety of property throughout a time of documented civil unrest within the Spring of 2020.
Coleman finally concluded, “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores’ motion to dismiss.”
The case is United States v. Carbajal-Flores, No. 1:20-cr-00613 within the U.S. District Court for the Northern District of Illinois.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the author/curator of Down Range with AWR Hawkins, a weekly publication centered on all issues Second Amendment, additionally for Breitbart News. He is the political analyst for Armed American Radio and a pro-staffer for Pulsar Night Vision. He was a Visiting Fellow on the Russell Kirk Center for Cultural Renewal in 2010 and holds a Ph.D. in Military History, with a concentrate on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can signal as much as get Down Range at breitbart.com/downrange. Reach him immediately at awrhawkins@breitbart.com.
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