On March 8, 2024, U.S. District Judge Sharon Johnson Coleman ruled against a federal gun ban against undocumented immigrant Heriberto Carvajal-Flores.
case in hand centered around Mr. Carvajal-Flores was “charged with unlawful or unlawful possession of a firearm while in the United States.” He was found in possession of a handgun on June 1, 2020 in the “Little Village area of Chicago, Illinois.” He was charged with possession of a firearm by a non-citizen.
Carvajal-Flores twice unsuccessfully sought to have the charges dismissed. However, a third attempt resulted in decisions in the U.S. Court of Appeals for the Seventh Circuit and the U.S. Supreme Court. blue en (2022) decision had a different outcome.
Coleman, an appointee of Barack Obama, disputed the government’s claims about Carvajal Flores’ possession of firearms.
The government claims Carvajal Flores is a non-citizen who is in the country illegally. However, the court noted that Mr. Carvajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. The lawsuit also alleges that Carvajal-Flores received and used the handgun solely for self-defense and property protection during a period of documented civil unrest in the spring of 2020.
Coleman ultimately concluded that the “Nonnational Property Act, 18 USC § 922(g)(5), violates the Second Amendment as applied to Carvajal-Flores.” Accordingly, the court granted Mr. Carvajal-Flores’ motion to dismiss. ”
The case is United States vs. Carvajal FloresNo. 1:20-cr-00613 of the United States District Court for the Northern District of Illinois.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator. He is a political analyst for Armed American Radio and a professional staff member for Pulsar Night Vision. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and completed his Ph.D. Military history focusing on the Vietnam War (Brown Navy), the U.S. Navy since its inception, the Civil War, and early modern Europe. Follow him on Instagram: @awr_hawkins. To get Down Range, you can sign up at breitbart.com/downrange. Please contact us directly at awrhawkins@breitbart.com.
