Illinois judge sparks debate after dropping charges against illegal migrant for possessing a firearm; So you don’t have to be a citizen to legally carry?

holding-hand-gun A customer shops for a pistol at Freddie Bear Sports sporting goods store on December 17, 2012 in Tinley Park, Illinois. An illegal immigrant recently had his gun charges dismissed, with a judge citing precedent in previous rulings. © Scott Olson/Getty Images

Isaiah 10:1-2 Woe to those who decree iniquitous decrees, and the writers who keep writing oppression, to turn aside the needy from justice and to rob the poor of my people of their right, that widows may be their spoil, and that they may make the fatherless their prey!
Proverbs 17:23 The wicked accepts a bribe in secret to pervert the ways of justice.

Important Takeaways:

  • Undocumented Immigrants Have Right to Own Guns, Judge Rules
  • A judge this month dropped gun charges against an illegal migrant in Illinois, sparking further debate about the rights associated with the Second Amendment.
  • S. District Court Judge Sharon Coleman of the Northern District of Illinois referenced lower court rulings in dismissing firearm possession charges against Heriberto Carbajal-Flores, who was illegally or unlawfully in the United States when he possessed a handgun in the Little Village neighborhood of Chicago on June 1, 2020.
  • “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,” Coleman, who was appointed under President Barack Obama, wrote in her eight-page ruling filed March 8.
  • Carbajal-Flores was charged under Title 18 of U.S. Criminal Code, which legally disallows undocumented individuals to possess firearms and ammunition “or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
  • The defendant, who contended the firearm was possessed for self-defense and protection of property “during a time of documented civil unrest” in the spring of 2020 [during George Floyd], has never been convicted of a felony, a violent crime or a crime involving the use of a weapon.

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