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Obama-Appointed District Judge Rules That Illegal Immigrants Can Possess Firearms – One America News Network

NEWS HEADLINES: Obama-Appointed District Judge Rules That Illegal Immigrants Can Possess Firearms – One America News Network

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OAN’s Brooke Mallory
1:18 PM – Wednesday, March 20, 2024

Earlier this month, a U.S. District Court judge declared that it is “unconstitutional” to exclude illegal immigrants from owning firearms, citing the Second Amendment.

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District Judge Sharon Johnson Coleman, who was appointed by former Democrat President Barack Obama, rendered a decision on March 8th in the case of Heriberto Carbajal-Flores, a man who previously entered the U.S. illegally.

Title 18 of the United States Criminal Code forbids illegals from owning weapons, which was the basis for Carbajal-Flores’ charges.

“Lifetime disarmament of an individual based on alienage or nationality alone does not have roots in the history and tradition of the United States,” attorneys for Carbajal-Flores claimed.

Since Carbajal-Flores had no criminal history of specifically mishandling a firearm, the judge said that he did not pose a risk to the public while using “his Second Amendment rights” in Chicago on June 1, 2020.

“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,” the judge stated. “Thus, this Court finds that, as applied to Carbajal-Flores, [Title 18] is unconstitutional.”

The Supreme Court’s judgment in the New York State Rifle & Pistol Association v. Bruen case, which ruled that New York State could not legally forbid anybody from carrying a firearm in public, was cited by Coleman in her opinion.

The case will be “establishing a framework for analyzing whether a challenged firearm regulation violates the Second Amendment,” said a spokesperson for the case.

“The noncitizen possession statute, [Title 18], violates the Second Amendment as applied to Carbajal-Flores,” the judge wrote. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

Recently, another federal judge in Washington dismissed a challenge to a law that permits lawsuits against gun manufacturers for inappropriate use of their firearms earlier this month.

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