Illegals Can Be Police Officers and Can Have Guns Now in Illinois

Illinois Judge Dismisses Charges Against Undocumented Immigrant for Firearm Possession, Ignites Debate on Second Amendment Rights

In a recent judicial decision that has stirred controversy and ignited debate, U.S. District Judge Sharon Johnson Coleman in Illinois has dismissed charges against Heriberto Carbajal-Flores, a Mexican national residing in the United States illegally, for possession of a firearm. The ruling, based on Carbajal-Flores’ claim of using the firearm solely for self-defense during civil unrest in 2020, has reignited discussions on the scope of Second Amendment rights for the estimated 11 million undocumented immigrants living in the U.S.

This is incredibly confusing considering that in the same state, illegals can also be law enforcement, as we covered:

Carbajal-Flores was arrested in 2020 under federal law, which prohibits undocumented immigrants from possessing firearms. However, Judge Johnson Coleman’s decision to dismiss the charges has raised questions about the applicability of constitutional rights to individuals living in the country unlawfully.

“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,” Coleman added.

“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,” Judge Coleman ordered.

Critics argue that it sets a dangerous precedent that undermines public safety.

X user, The Patriot Voice, wrote, “I want you to read that again SLOWLY, and tell me how we are NOT being set up for some serious action on our own soil with ARMED FOREIGN INVADERS. This is a COMMUNIST ruling, which is sure to PURPOSELY embolden criminals that are coming over our border by the MILLIONS. VERY SCARY TIMES.”

The case has the potential to escalate to the Supreme Court, where justices could weigh in on the extent of Second Amendment protections for undocumented immigrants. This ruling adds to a series of legal precedents in recent years that have expanded gun rights, further complicating the legal landscape surrounding firearms and immigration status

Legal experts and commentators have offered differing perspectives on the implications of the ruling. Some argue that Congress should take action to clarify laws regarding firearm possession by migrants, in order to avoid legal ambiguities and potential conflicts between federal and state statutes. Others contend that individual rights under the Second Amendment should apply universally, irrespective of legal status, emphasizing the importance of protecting personal liberties.

Former federal prosecutor Shanlon Wu highlighted the need for congressional intervention to address the complexities arising from conflicting legal interpretations. He suggested that a more precise delineation of statutes could help mitigate legal uncertainties surrounding firearm possession by undocumented immigrants.

Meanwhile, proponents of broader Second Amendment rights maintain that the fundamental principles enshrined in the Constitution should apply universally, regardless of immigration status. They argue that individual protections under the Second Amendment extend to all individuals residing within the United States, emphasizing the right to self-defense as a fundamental aspect of liberty.

The debate surrounding Carbajal-Flores’ case underscores the broader legal and societal questions surrounding immigration, constitutional rights, and public safety. As the issue continues to garner attention and spark debate, the outcome of potential Supreme Court involvement remains uncertain, leaving the nation to grapple with complex legal and moral considerations at the intersection of immigration and gun rights.

More of our reporting on open borders and crime:

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