Featuredgun controlillegal immigrantSecond Amendment

Judge Rules That Illegal Immigrants Are Protected Under Second Amendment – Twitchy

March 19, 2024
0 0
0
0
Judge Rules That Illegal Immigrants Are Protected Under Second Amendment – Twitchy
0
Shares

We’re not sure if this news is going to make progressives happy or angry. A judge has ruled that illegal immigrants are still protected under the Second Amendment and can carry guns.

Stephen Gutowski writes at The Reload:

The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.

That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.

…

The ruling is the latest fallout from the new standard for Second Amendment cases set in Bruen. Since the landmark case was decided in 2022, a wide swath of state and federal gun restrictions have come under increased scrutiny in the courts. Among the most commonly recurring questions raised by the new standard is who can be barred from owning guns, and the Carbajal-Flores case is among the first to examine whether people who entered the country illegally are among them.

Judge Coleman, a Barack Obama appointee, initially found the gun ban for illegal immigrants was constitutional back in April 2022. However, she agreed to reconsider the case in light of rulings from the federal appeals courts in the Third and Seventh Circuit that questioned whether those convicted of non-violent crimes could be permanently disarmed after the High Court handed down Bruen in June 2022. She concluded breaking misdemeanor immigration laws alone is not enough justification to strip somebody of their gun rights under the new test.

Recommended

Illegal immigrants can now carry guns, a federal judge has ruled. At this point, it seems like illegals have as many rights as US citizens but without even half the responsibilities.

U.S. District Judge Sharon Johnson Coleman has ruled that an illegal immigrant’s Second Amendment rights were violated when he was charged with unlawfully possessing firearms.

The case in question involves Heriberto Carbajal-Flores, an undocumented immigrant who was charged under 18 U.S.C § 922, a federal statute prohibiting illegal aliens from carrying guns or ammunition. However, Judge Coleman determined that this law, as applied to Carbajal-Flores, infringes upon his constitutional right to keep and bear arms.

The defense team successfully argued that the government failed to demonstrate how the statute aligns with America’s historical tradition of firearm regulation, a requirement set forth by the Supreme Court in 2022. They contended that lifetime disarmament based solely on alienage or nationality lacks roots in U.S. history and tradition.

Remarkably, Judge Coleman noted that Carbajal-Flores has no prior convictions for felonies, violent crimes, or weapons offenses. She even acknowledged his claim that he obtained and used the handgun exclusively for self-protection during a period of documented civil unrest.

The implications of this ruling are profoundly troubling. By extending Second Amendment protections to illegal immigrants, the court has effectively prioritized the rights of non-citizens over the safety and security of American citizens. It sets a dangerous precedent that could lead to a surge in armed illegals , further compromising the US’ already strained immigration enforcement efforts.

Moreover, this decision raises serious questions about the consistency and coherence of the legal system. How can anyone justify granting constitutional gun rights to those who have willfully violated immigration laws, while law-abiding citizens face increasing restrictions on their Second Amendment freedoms?

Hold up … are illegal immigrants bringing guns with them when they cross the border? “She even acknowledged his claim that he obtained and used the handgun exclusively for self-protection during a period of documented civil unrest.” We’re really curious about the word “obtained” here. How does an illegal immigrant pass a background check?

Well, he’s not been found guilty of a felony, so …

Yeah, we’re still hung up on that “obtained” part. Where, when, and how did Heriberto Carbajal-Flores obtain a firearm?

Being in the country illegally is a misdemeanor, not a felony. And the Second Amendment doesn’t mention “citizens,” only “the people.”

They’re not illegal immigrants, they’re “new Americans.”

We’ll need our resident lawyer, Aaron Walker, to take a deep dive into this decision. But apparently non-Americans are protected under the Second Amendment just by being on U.S. soil.

***

Editor’s Note: Do you enjoy Twitchy’s conservative reporting taking on the radical left and woke media? Support our work so that we can continue to bring you the truth.  Join Twitchy VIP and use the promo code SAVEAMERICA to get 40% off your VIP membership!



Source link

Related Posts

Load More Posts Loading...No More Posts.
© 2024 ariseright
© 2024 ariseright
Your text