In a surprising decision that has reignited the debate surrounding Second Amendment rights, an Illinois judge dismissed gun charges against an undocumented immigrant, suggesting that the individual had been unfairly banned from owning firearms. Judge Sharon Coleman, an appointee from the Obama era, ruled in favor of Heriberto Carbajal-Flores, who was caught with a handgun in Chicago’s Little Village on June 1, 2020.
The ruling, which cited precedents from lower courts, highlighted that Carbajal-Flores, who had no history of weapon misuse and a non-violent arrest record, did not pose a public safety threat that would justify stripping him of his right to bear arms for self-defense under the Second Amendment.
Carbajal-Flores was originally charged under Title 18 of the U.S. Criminal Code, which prohibits undocumented individuals from possessing or receiving firearms and ammunition transported in interstate or foreign commerce. The defendant argued that his possession of the handgun was a means of self-defense and property protection amid the civil unrest of 2020.
Throughout the legal proceedings, Carbajal-Flores, who is gainfully employed and has complied with all release conditions without new arrests or warrants, had his dismissal requests denied twice before this latest ruling. Judge Coleman granted the third motion to dismiss, based on a March 8 ruling by the 2022 U.S. Supreme Court in the case of New York State Rifle & Pistol Association, Inc. et al. v. Bruen, which invalidated a century-old New York law that infringed upon Second Amendment rights.
The government contested the motion, pointing out that the decisions referenced by the defense did not extend to undocumented immigrants and cited examples of statutes that restrict gun possession among certain groups considered a threat to social order. However, Judge Coleman sided with the defendant, declaring that the statute governing noncitizen possession of firearms infringes upon the Second Amendment rights when applied to Carbajal-Flores.
This decision has significant implications that could extend beyond what was initially anticipated, including the possibility of granting illegal immigrants the right to possess firearms without verifications regarding their identities or criminal history in their previous country. Critics argue that this could lead to an increase in gun-related violence and more illegal guns on the streets.
As the debate surrounding the Second Amendment rights of undocumented immigrants continues, this landmark ruling is sure to have far-reaching consequences for future cases and discussions on gun rights in the United States.
