Judge Rules That Illegal Immigrants Have 2nd Amendment Rights

In a significant ruling, U.S. District Judge Sharon Johnson Coleman in Illinois declared that the federal law prohibiting illegal immigrants from owning firearms is unconstitutional for individuals without violent crime convictions, affecting the case of Heriberto Carbajal-Flores.

Coleman, appointed by President Obama, referenced the Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen (2022) to argue that there’s no historical precedent for denying noncitizens who’ve committed no violent crimes their Second Amendment rights. The judge emphasized that Carbajal-Flores, found with a handgun in 2020 and charged under federal law, had no history of violence or weapons misuse, indicating no threat to public safety that would justify stripping him of his gun ownership rights.

This ruling, focusing on the Second Amendment’s applicability to noncitizens, especially those undocumented, has sparked debate among gun rights advocates. While some view it as a victory for the fundamental right to self-defense, others, like Erich Pratt from Gun Owners of America, express concern over the implications for illegal immigration and its potential to influence the political landscape unfavorably towards gun rights.