The Constitution safeguards the right to bear arms for foreign nationals who enter the country illegally, according to a federal court in Illinois.
As it relates to defendant Heriberto Carbajal-Flores, U.S. District Judge Sharon Johnson Coleman declared on Friday that the federal ban on illegal aliens possessing weapons is unconstitutional. The federal restriction on handguns is "facially constitutional," the court said, but there is no historical practice of weapon control that would allow the government to deny the right to bear arms to a noncitizen who has never been convicted of a serious crime.
The court said, "The noncitizen possession statute... violates the Second Amendment as applied to Carbajal-Flores." Therefore, the court approves Carbajal-Flores' request for the dismissal.
President Obama's appointment Coleman noted the historic ruling in New York State Rifle and Pistol Association v. Bruen (2022) by the Supreme Court, which created a new test for determining whether a statute is unconstitutional. Numerous state and federal gun control laws have been challenged in court since Bruen, with varying degrees of success.
As it relates to defendant Heriberto Carbajal-Flores, U.S. District Judge Sharon Johnson Coleman declared on Friday that the federal ban on illegal aliens possessing weapons is unconstitutional. The federal restriction on handguns is "facially constitutional," the court said, but there is no historical practice of weapon control that would allow the government to deny the right to bear arms to a noncitizen who has never been convicted of a serious crime.
The court said, "The noncitizen possession statute... violates the Second Amendment as applied to Carbajal-Flores." Therefore, the court approves Carbajal-Flores' request for the dismissal.
President Obama's appointment Coleman noted the historic ruling in New York State Rifle and Pistol Association v. Bruen (2022) by the Supreme Court, which created a new test for determining whether a statute is unconstitutional. Numerous state and federal gun control laws have been challenged in court since Bruen, with varying degrees of success.
