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Obama-appointed judge declares illegal immigrant entitled to ‘his Second Amendment right’

March 20, 2024 | | Print Article

A judge has made a mockery of the Constitution, ruling that an illegal immigrant should not “be deprived of his Second Amendment right to bear arms in self-defense.”

U.S. District Court Judge Sharon Johnson Coleman, who former President Barack Obama appointed, dismissed gun charges dating back to 2020 for an illegal immigrant named Heriberto Carbajal-Flores.

“U.S. District Court Judge Sharon Coleman of the Northern District of Illinois, who had twice previously denied the illegal immigrant‘s motion to dismiss the case against him, reversed herself in the case against Heriberto Carbajal-Flores, who was found with a handgun in the Little Village neighborhood of Chicago in June 2020,” the Daily Wire reported.

The progressive leftist judge did not even attempt to hide her opinion that illegal immigrants are covered under the Constitution, which is blatantly untrue and is sure to be overturned at some point. It should be pointed out that while the Left wants to ensure gun rights for illegal immigrants, they are doing all they can to strip actual U.S. citizens of those same gun rights.

“Carbajal-Flores contends that he received and used the handgun for self-protection and protection of property. Because of Carbajal-Flores’ citizenship status, he was charged in violation of 18 U.S.C. § 922(g)(5), which prohibits any noncitizen who is not legally authorized to be in the United States from ‘possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce,’” Johnson Coleman wrote.

“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country,” the judge added. “The Court notes, however, that Carbajal-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.”

The judge’s ruling deliberately misinterpreted the Second Amendment, conveying rights to an illegal immigrant.

“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,” she noted. “The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense. Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.”

“Johnson Coleman wrote there is no ‘historical tradition of firearm regulation’ that precludes a noncitizen who has not been convicted of a violent crime from constitutional gun ownership while finding the federal ban ‘facially constitutional,'” Fox News reported.

Senate Intelligence Committee member Marco Rubio (R-FL) pointed out that this is one more instance of the Left trying to erase exactly what it means to be a U.S. citizen.

(Video Credit: Fox News)

Rubio claimed on Sean Hannity’s show that the Left is “trying to… blur the line between citizenship and everything else — people that are here illegally.”

He accused the Left of trying to make a mockery of the Second Amendment and gun rights.

“[Y]ou almost wonder if it’s not being done to sort of mock both gun laws and also the whole understanding of the value of being a citizen of the United States of America,” Rubio charged. “There has to be a distinction between citizenship and non-citizenship — between being legally here and not legally here.”

He noted that if there is no difference between a U.S. citizen and an illegal immigrant, then there is no point in immigration laws.

“This is just one more mockery that we’re finding in our court system,” Rubio remarked before predicting the ruling would be overturned calling Johnson Coleman’s decision “absurd.”

He also said there is a faction of the Democratic Party that believes “people should be allowed to live anywhere in the world they want to live… that no country should be able to prevent people from coming in and out as they please.”

X users had plenty to say on the subject:

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