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Court Rules in Favor of Gun Ownership for Undocumented Immigrants

A recent court decision has reignited the debate over the Second Amendment and its application to undocumented immigrants, with a federal judge in Illinois dismissing gun charges against Heriberto Carbajal-Flores.

The Judge’s Decision

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U.S. District Court Judge Sharon Coleman referenced decisions from lower courts as the basis for dismissing gun possession charges against Carbajal-Flores, leading to further discussions on the topic of gun rights.

The Basis of Dismissal

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“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,” wrote Judge Coleman.

Legal Context

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Carbajal-Flores faced charges according to Title 18 of the U.S. Criminal Code, a legal framework that prohibits undocumented individuals from owning firearms and ammunition, as well as from receiving any firearm or ammunition that has been moved across state lines or international borders.

Nationwide Protests and Self-Defense

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The arrest occurred in a period marked by widespread protests following the murder of George Floyd, with Carbajal-Flores making the case that the firearm was intended for self-defense and the protection of property.

Compliance and Employment

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The court discovered that since his arrest, Carbajal-Flores had kept a clean record, complied with all release conditions, and was gainfully employed.

Previous Motions and Supreme Court Influence

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The court had previously denied motions to dismiss the charges against Carbajal-Flores amidst evolving legal standards on gun rights, including a significant Supreme Court ruling in 2022.

2022 Supreme Court Decision

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The Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. et al. v. Bruen clarified the protective scope of the Second Amendment, stating, “We hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.”

Recent Supreme Court Ruling on Gun Control

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In May 2023, the U.S. Supreme Court delivered a verdict supporting gun control proponents in Illinois, rejecting an urgent plea to halt the state’s prohibition on the sale and fresh acquisition of semiautomatic firearms.

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