WHAT? My visceral reaction was immediately, “That’s crazy!” My considered conclusion is, “I think they do.”
US District Judge Sharon Johnson Coleman ruled yesterday in US v. Carbajal-Flores that the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores, an illegal with no criminal record or record of violence. “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote “Thus, the Court grants Carbajal-Flores’ motion to dismiss.” She reached this conclusion after considering the US’s historical tradition of gun regulation as set out in the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling. Breaking misdemeanor immigration laws alone should not be sufficient justification for stripping someone of gun rights, the judge determined.
“[C]arbajal-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,” Judge Coleman wrote. “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….The Court also determined that based on the government’s historical analogue, where exceptions were made that allowed formerly ‘untrustworthy’ British loyalists to possess weapons, the individuals who fell within the exception were determined to be non-violent during their individual assessments, permitting them to carry firearms,” she wrote. “Thus, to the extent the exception shows that some British loyalists were permitted to carry firearms despite the general prohibition, the Court interprets this history as supporting an individualized assessment for Section 922(g)(5) as this Court previously found with Section 922(g)(1).”






