She claims the ban does not preside with America’s tenured tradition of firearms regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.
Judge Colman wrote in US v. Carbajal-Flores:
The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores. Thus, the Court grants Carbajal-Flores’ motion to dismiss.
[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.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. 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).
Stephen Gutowski, writing for The Reload said in his piece:
The ruling is the latest fallout from the new standard for Second Amendment cases set in Bruen. Since the landmark case was decided in 2022, a wide swath of state and federal gun restrictions have come under increased scrutiny in the courts. Among the most commonly recurring questions raised by the new standard is who can be barred from owning guns, and the Carbajal-Flores case is among the first to examine whether people who entered the country illegally are among them.
Judge Coleman, a Barack Obama appointee, initially found the gun ban for illegal immigrants was constitutional back in April 2022. However, she agreed to reconsider the case in light of rulings from the federal appeals courts in the Third and Seventh Circuit that questioned whether those convicted of non-violent crimes could be permanently disarmed after the High Court handed down Bruen in June 2022. She concluded breaking misdemeanor immigration laws alone is not enough justification to strip somebody of their gun rights under the new test.
The ruling deepens the divide in the lower courts over how to interpret historical gun laws and compare them to modern restrictions.
Read the rest of the report here.
AUTHOR COMMENTARY
Definitely read the rest of the report if you want to see other judges and lobbyists try to defend this nonsense, though there are of course others who are calling out this treachery for what it is.
Your country is desolate, your cities are burned with fire: your land, strangers devour it in your presence, and it is desolate, as overthrown by strangers.
Isaiah 1:7
So while all 50 states to varying degrees have some kind of regulation and restrictions for actual American citizens and taxpayers, the illegal is now being given rights on the grounds that his alleged 2nd Amendment rights be not infringed upon. ‘Merika baby!
[7] Who goeth a warfare any time at his own charges? who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? [8] Say I these things as a man? or saith not the law the same also? [9] For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? [10] Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. (1 Corinthians 9:7-10).
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Where there are double standards, there are no standards at all.
Bad Bad Bad, they bring illegal guns in, drugs and whatever, so the judge’s say it’s unconstitutional??
They are illegal, they have no rights! Merika is an upside down backtoward insane asylum!!
We’ll all I can say is, keep em loaded and ready. This time I won’t be going overseas to fight for my country. This is going to be a war of convenience. We do still outnumber them, and we have a lot of vets that can take care of business and I am not talking about the WOKE IDIOTS!!!!!
Gee, illegal aliens in New York and Los Angeles can now buy guns whereas the rest of us cannot.
Howdy, Our country is being set up for a civil war or outright internal conflict with our armed enemies. This will eventually lead to martial law and whoever is president… will stay in office. All civil rights and privileges will be suspended. Notice if there is any pushback from the religious right (read Franklin Graham) or the conservatives in our federal government. Shalom, BuffaloBilly
I WILL NOT COMPLY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
They may not have committed a felony here, but, not being vetted when they cross the border illegally, neither the court, nor anyone else in this country, knows what kind of crimes they may have committed in their native countries, so it cannot be unconstitutional to deprive them the right to bear arms since they are in the country illlegally.
I WILL NOT COMPLY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Stand strong american saved and fast against this evil.
How can a person who is not a citizen have a citizen’s ‘rights’? Idiots.