A U.S. District judge appointed by former President Barack Obama dismissed gun charges against an illegal immigrant, stating that he should not “be deprived of his Second Amendment right to bear arms in self-defense.”
U.S. District Court Judge Sharon Coleman of the Northern District of Illinois, who had twice previously denied the illegal immigrant‘s motion to dismiss the case against him, reversed herself in the case against Heriberto Carbajal-Flores, who was found with a handgun in the Little Village neighborhood of Chicago in June 2020.
“Carbajal-Flores contends that he received and used the handgun for self-protection and protection of property. Because of Carbajal-Flores’ citizenship status, he was charged in violation of 18 U.S.C. § 922(g)(5), which prohibits any noncitizen who is not legally authorized to be 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,’” Coleman noted.
“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country,” Coleman continued. “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.”
“Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants,” she stated. “The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense. Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.”
