Fact check: Obama-appointed federal judge challenges gun ban for illegal immigrants

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CHICAGO, IL - In a recent judicial decision, U.S. District Judge Sharon Johnson Coleman made a significant ruling regarding the possession of firearms by illegal immigrants, touching on complex legal and constitutional issues at the intersection of immigration law and the Second Amendment.

The case, US v. Carbajal-Flores, emerged as a focal point in the ongoing national debate over the rights of individuals who are in the country unlawfully to possess firearms.

At the heart of the matter was Heriberto Carbajal-Flores, an individual residing in the United States without legal authorization, who faced charges under federal law for possessing a firearm.

The case garnered attention due to its implications for the interpretation and application of firearm regulations concerning illegal immigrants. Judge Coleman's ruling, issued in March 2024, challenged the constitutionality of existing federal restrictions on firearm ownership for individuals in Carbajal-Flores' circumstances.

The judge's decision relied on legal precedent, notably the Supreme Court's landmark ruling in New York State Rifle and Pistol Association v. Bruen.

In that case, the Court established a standard requiring firearm regulations to align with the nation's historical tradition of gun regulation. Applying this standard, Judge Coleman concluded that the federal prohibition on firearm possession for illegal immigrants, as applied to Carbajal-Flores, violated the Second Amendment.

U.S. District Judge Sharon Johnson Coleman has an extensive judicial history marked by her legal experience and appointments to various judicial positions. Born in 1960 in Chicago, Illinois, Judge Coleman began her legal career as an Assistant State's Attorney in Cook County, Illinois, before serving as an Assistant U.S. Attorney in the Northern District of Illinois.

Her appointments include serving as a Judge in the Illinois Circuit Court for Cook County and as a Judge in the Illinois Appellate Court, First District. In 2010, she was nominated by President Barack Obama and confirmed by the Senate to serve as a Judge in the U.S. District Court for the Northern District of Illinois. Judge Coleman's educational background includes a Bachelor of Arts degree from Northern Illinois University and a Juris Doctor from Washington University School of Law.

Key to the judge's reasoning was Carbajal-Flores' lack of a criminal record involving violent offenses or felony convictions. She emphasized that mere misdemeanor immigration violations did not constitute sufficient grounds to deprive an individual of their Second Amendment rights.

This interpretation reflected a broader trend in Second Amendment jurisprudence, marked by increased scrutiny of gun restrictions in the wake of the Bruen decision.

The ruling provoked a range of reactions from legal scholars, policymakers, and advocacy groups. Critics expressed concerns about potential risks to public safety, arguing that allowing illegal immigrants to possess firearms could undermine efforts to enforce immigration laws and exacerbate issues related to violent crime.

Conversely, supporters of the ruling contended that denying gun rights to illegal immigrants would unjustly infringe upon their constitutional freedoms, asserting that the Second Amendment applies to all individuals regardless of immigration status.

Beyond the immediate legal implications, the ruling highlighted broader questions about the balance between public safety, immigration enforcement, and individual rights in American society.

With divisions among lower courts over the interpretation of historical gun laws and their application to modern restrictions, the decision raised the prospect of further litigation and potential Supreme Court review.

While some courts upheld similar firearm restrictions for specific groups, others questioned the constitutionality of blanket prohibitions without individualized assessments.

The unresolved legal landscape suggested that the Supreme Court may ultimately need to address these complex and contentious issues to guide future cases.

 
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Raconteur

So, let's look at the real objective of this judge finding that an illegal alien has the right to keep and bear arms. After establishing that right, what is next? Simple: All of the rights protected by the Constitution, apply. That includes the real objective and the ultimate prize: The right to vote. Yes, that's what they are really after.

Brian

Illegal aliens have NO rights in the United States Period…

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