OAN’s Brooke Mallory
1:18pm – Wednesday, March 20, 2024
Earlier this month, a U.S. District Court judge declared it “unconstitutional” to exclude illegal immigrants from owning firearms, citing the Second Amendment.
advertisement
District Judge Sharon Johnson Coleman, appointed by former Democratic President Barack Obama, issued the ruling on March 8.th in the case of Heriberto Carvajal-FloresA man who previously entered the United States illegally.
Title 18 of the U.S. Penal Code prohibits illegal aliens from possessing weapons, which was the basis for Carvajal-Flores’ charges.
“The lifetime disarmament of individuals based solely on their alien status or nationality is not rooted in American history and tradition,” Carvajal Flores’ attorneys argued.
Because Carvajal-Flores had no criminal history specifically for mishandling firearms, a judge ruled that he was a danger to the public while exercising his “Second Amendment rights” in Chicago on June 1, 2020. He said it did not result in any.
“Defendant Carvajal-Flores alleges that he received and used the handgun exclusively for self-defense and property protection during a period of documented civil unrest in the spring of 2020,” the judge said. “Accordingly, this court, as applied to Carvajal Flores, [Title 18] It’s a violation of the constitution. ”
In the Supreme Court’s judgment, New York State Rifle & Pistol Association v. Bruen In his opinion, Coleman cited a case that ruled that New York state cannot legally prohibit people from carrying firearms in public.
A spokesperson for the case said the case would “establish a framework for analyzing whether challenged firearm regulations violate the Second Amendment.”
“The non-national property law is [Title 18], in violation of the Second Amendment as applied to Carbajal-Flores,” the judge wrote. “Accordingly, the court grants Mr. Carbajal-Flores’ motion to dismiss.”
Recently, another federal judge in Washington earlier this month rejected a challenge to a law that allows lawsuits against gun manufacturers for improper use of firearms.
Stay informed. Receive breaking news directly to your inbox for free. Subscribe here. https://www.oann.com/alerts
Please share this post!
