It's about to get 2A Real
- Thread starter Superman
- Start date
In a ruling that had both proponents and opponents of the Second Amendment do a curious double take, a federal judge has ruled that an illegal immigrant was wrongly banned from possessing firearms.
U.S. District Judge Sharon Johnson Coleman ruled on March 8 that the defendant, Heriberto Carbajal-Flores, who is residing in the United States illegally, had his Second Amendment right’s violated when prosecutors originally charged him with 18 U.S.C § 922, which bars illegal immigrants from carrying guns or ammunition.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman wrote in her ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
The defense team for Mr. Carbajal-Flores had argued in their recent motion that the government could not show the law referenced was “part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”
In 2022, the Supreme Court ruled that the government must show that each regulation “is consistent with this nation’s historical tradition of firearm regulation.”
The precise wording of the high court’s decision was enough for the defense to argue successfully in favor of dismissal. “Lifetime disarmament of an individual based on alienage or nationality alone does not have roots in the history and tradition of the United States,” Mr. Carbajal-Flores’ lawyers said.
“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.
The ruling has promoted a large range of reactions across the legal and Second Amendment community. Writing on The Reload, attorney Matthew Larosiere agreed with the decision saying that even those in the country illegally are part of “the people” the Framer’s mention in the Second Amendment. “To find that illegal immigrants are outside of ‘the people’ protected by the Second Amendment, you must believe that the Framers were talking about a different ‘people’ in the First, Fourth, Ninth, and Tenth Amendments,” he wrote.
The Supreme Court ruled that illegal immigrants can possess a firearm and prohibiting them from doing so would be unconstitutional.
Although federal law prohibits illegal immigrants from carrying weapons, the court recently ruled that Heriberto Carbajal-Flores, an illegal immigrant, was wrongly prohibited from possessing a gun. District Judge Sharon Johnson Coleman - appointed by former President Barack Obama - stated that "the non-citizen possession statute, 18 USC § 922(g)(5), violates the Second Amendment."
- Joined
- Apr 9, 2014
- Messages
- 3,734
- Reaction score
- 7,026
- Points
- 113
interesting take on the definition of "the people", I need to mull this over a bit.
- Joined
- Apr 9, 2014
- Messages
- 18,589
- Reaction score
- 29,951
- Points
- 113
- Location
- The nearest Steelers bar.
This is what happens when incompetent people are promoted to hold positions in the highest levels of our government and judicial systems...
The train is moving fast and hard folks...
Where's Superman when you need him?!?
The train is moving fast and hard folks...
Where's Superman when you need him?!?
- Joined
- Aug 9, 2014
- Messages
- 915
- Reaction score
- 1,032
- Points
- 93
Did this judge receive his law license from a cracker Jax box or what.
- Joined
- Apr 9, 2014
- Messages
- 18,589
- Reaction score
- 29,951
- Points
- 113
- Location
- The nearest Steelers bar.
Spending 12 hours per day on Pornhu ... I mean, walking his dog.
my dogs are still alive, so i don't get to drag their dead carcasses around a golf course at a brisk pace.
- Joined
- Apr 9, 2014
- Messages
- 20,535
- Reaction score
- 22,342
- Points
- 113
Well, after giving people endless rewards for breaking our laws coming here, that's the next thing in line.
Of course voting is the endgame here.
Of course voting is the endgame here.
Yay! We all get to skip question 12A when we fill out 4473's now.
Can answer YES to 12C and it wont matter now either!
Happy days!
Can answer YES to 12C and it wont matter now either!
Happy days!
- Joined
- Apr 9, 2014
- Messages
- 18,589
- Reaction score
- 29,951
- Points
- 113
- Location
- The nearest Steelers bar.
Yay! We all get to skip question 12A when we fill out 4473's now.
Can answer YES to 12C and it wont matter now either!
Happy days!
"yEaH, wHuT aBouT tHe GuNn ShOw LoOpHoLeZ?!"
- Stupid Liberals who know nothing about guns (two redundancies)
- Joined
- Apr 8, 2014
- Messages
- 4,847
- Reaction score
- 5,007
- Points
- 113
I still can’t wrap my head around non-citizens being granted rights under our Constitution. Next thing you know they will be allowed to come into this country any way they want, then be given financial support and special benefits.
Thats what makes this confusing. I believe the SC got it wrong.
I would liken it to the SC allowing citizens to yell "fire" in a crowed auditorium in the name of free speech. There are lines drawn, limits, and exceptions to everything.
PolitiFact | Migrants living in the U.S. unlawfully cannot legally purchase firearms
PolitiFact previously found that although an Illinois law enacted in 2024 makes it legal for noncitizens to become police officers, that law applies only to those who are both legally allowed to work in the U.S. and own a firearm. Because federal law says only immigrants who are in the U.S. legally may own a firearm, immigrants who are unlawfully in the country are ineligible to become police officers.
Federal laws expressly prohibit immigrants in US illegally from purchasing or possessing guns
The bulk of federal law governing who can legally possess firearms in the U.S. is spelled out in 18 U.S.C. 922, established by the Gun Control Act of 1968 and amended by subsequent legislation. It lists groups of people who are not allowed to possess firearms, and the prohibitions still on the books today include several categories of non-citizens, according to Johnny Michael, an ATF spokesperson.
Those prohibited include anyone who is an “illegal alien” along with anyone who has renounced U.S. citizenship, according to the law. Federal firearm regulations must be based on that law, Michael explained.
- Joined
- Apr 9, 2014
- Messages
- 20,535
- Reaction score
- 22,342
- Points
- 113
And vote. That's the most important one of all. It means a stranglehold on power for the demoncrats.
- Joined
- Apr 9, 2014
- Messages
- 20,535
- Reaction score
- 22,342
- Points
- 113
Can we deport them still?
I thought felons couldn't own guns and isn't entering the country illegally a felony?
- Joined
- Apr 9, 2014
- Messages
- 18,589
- Reaction score
- 29,951
- Points
- 113
- Location
- The nearest Steelers bar.
Oh, come on, MT, you are just overstating the issue to promote propagate a right-wing MAGA ... [handed note]
RACIST!!
Only black and brown people should own guns for protection from whyte soopremists. Whyte people, we’re taking your guns away. /govt
- Joined
- Apr 9, 2014
- Messages
- 18,589
- Reaction score
- 29,951
- Points
- 113
- Location
- The nearest Steelers bar.
Wow, Ron, I am so proud of you! Welcome to the left-wing revolution, where China's CO2 does not hurt the climate, where electricity from coal that charges an electric car is good energy, where penises don't interfere with menstruation and breasts don't mean you're a girl, where violence is speech and speech is violence, where the government shutting down speech is great and protesting a blatantly fraudulent election is criminal!
The best news - the rules don't apply to you!! Worried about
- Joined
- Apr 8, 2014
- Messages
- 4,847
- Reaction score
- 5,007
- Points
- 113
I would agree if I was right wing. My right leaning starts from a point just ever so slightly left of center.
Similar threads
