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Obama Judge Rules Illegal Aliens Have the Right to Own Guns

By March 19, 2024No Comments

By streiff -

An Obama-appointed federal judge in Chicago has ruled that illegal immigrants have a constitutional right to possess firearms. US District Court Sharon Coleman ruled on March 8 that an illegal with no record of violent behavior can't be prevented from owning a firearm.

At issue is 18 USC. § 922(g)(5), which prohibits anyone "who, being an alien, is illegally or unlawfully in the United States" from "possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."

On June 1, 2020, Heriberto Carbajal-Flores was arrested in West Chicago's Little Village neighborhood under unclear circumstances and charged with being an illegal alien in possession of a handgun. Carbajal-Flores claimed that he was carrying for self-defense and protection of property as the mostly peaceful Black Lives Matter riots raged across the country and that the Second Amendment permitted him to do so.

His initial pleading before Judge Coleman didn't go well. In April 2022, she denied his motion to dismiss. Then Bruen happened.

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