District Judge: Gun Ban For Illegal Immigrant Unconstitutional

[indyblue]

District Judge: Gun Ban For Illegal Immigrant Unconstitutional

U.S. District Judge Sharon Johnson Coleman decided against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores.

www.breitbart.com

Coleman ultimately concluded, “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.”

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

On one hand I can see the argument he makes, similar to Trump's claim for the 14th - that he was never convicted of insurrection so it doesn't apply.

However, he is still an illegal which is a federal crime and he could/should have been convicted for it (if the administration would enforce the laws on the books).

 

[tsm]

Saw where someone mentioned that a first time illegal entry was a misdemeanor and only the additional ones would be felonies, assuming they were prosecuted. Not sure that was correct, but if so, do we normally take away 2A rights based on a misdemeanor?

 

[10mm]

Saw where someone mentioned that a first time illegal entry was a misdemeanor and only the additional ones would be felonies, assuming they were prosecuted. Not sure that was correct, but if so, do we normally take away 2A rights based on a misdemeanor?

Of course not, but he's not a citizen therefore constitutional rights don't or at least shouldn't apply.

 

[rosejm]

Of course not, but he's not a citizen therefore constitutional rights don't or at least shouldn't apply.

Honest question: do you believe that applies to all constitutionally protected rights?
e.g. freedom of speech / religion, self incrimination, due process, etc...

 

[Sigblitz]

Of course not, but he's not a citizen therefore constitutional rights don't or at least shouldn't apply.

We the people of the United states.

I think the judge didn't read it. She's opening the door for anyone to cross the border and take up arms.

 

[Sigblitz]

I want all the rights and privileges to INGO without joining. Can you please let me message people in the classifieds?

 

[gassprint1]

Of course not, but he's not a citizen therefore constitutional rights don't or at least shouldn't apply.

I totally agree and is my opinion that the CONSTITUTION should only be granted to U S CITIZENS. In a sense, i think its so dang funny when you see those movies or videos of Americans in another country get detained or arrested for something always spew out those famous words.." I'm an American citizen, I have rights". Well, that never works there, so our rights shouldn't work for illegals when they come here.

 

[Bugzilla]

I want all the rights and privileges to INGO without joining. Can you please let me message people in the classifieds?

Do you have 50 quality posts?

 

[Sigblitz]

She based her ruling on the Bruen decision. She didn't read that either.

'how and why the regulations burden a law-abiding citizen’s right to armed self-defense'

 

[Sigblitz]

Do you have 50 quality posts?

I'll never get in.

 

[Sigblitz]

This is your Obama appointed judge. Read the room.

 

[Leo]

How screwed up is it ? The government has no problem taking property and Constitutional freedoms from Law Abiding CITIZENS, but stands up and gives property and rights to NON citizens who are in this country illegally.

Seems like people who do that should be immediately stripped of all power and replaced with people who are smart enough to read the Constitution.

 

[gassprint1]

How screwed up is it ? The government has no problem taking property and Constitutional freedoms from Law Abiding CITIZENS, but stands up and gives property and rights to NON citizens who are in this country illegally.

Seems like people who do that should be immediately stripped of all power and replaced with people who are smart enough to read the Constitution.

This would probably be 1 hell of an argument for SCOTUS, but then again we'd probably get the ruling statements of all people are created equal and those that enter the usa should be granted equally humane rights crap.

 

[Sigblitz]

I'm equal. No argument there. Now give me INGO rights and privileges. What are you afraid of? I'm legit.

 

[Sigblitz]

She's looking at one ok non citizen and makes a ruling (based on constitution for citizens and Bruen ruling for citizens) to open the doors.

 

[10mm]

Honest question: do you believe that applies to all constitutionally protected rights?
e.g. freedom of speech / religion, self incrimination, due process, etc...

Absolutely. What other reason would exist to be or become a citizen if there was no exclusivity? Yes, there should be laws that apply to them to make sure they don't get murdered with no recourse, but not much beyond it and additional privileges are right out. I believe we are so far beyond treating people fairly that illegals think they are entitled to more than being dealt with fairly.

 

[10mm]

Should also point out that tourists or visitors with a visa should be more protected etc, but they're following the rules and are here to spend money or do something useful. Importing problems is a one way interstate to self destruction.

 

[KellyinAvon]

Guy talked about this on his show yesterday. Not as easy at seems. There has been precedent with other Constitutional Rights going to illegals. 4th and 5th IIRC.

Warning: this is a bit of a stream of consciousness.

On American soil, but here under illegal circumstances.

Here's a good one: if they have a court date in 2033, they are on "parole". People on parole can't possess firearms. So those who evaded the Border Patrol, who aren't on parole, would have 2A rights?

I could go with "people who are here lawfully" and "people who are not here lawfully".

It would've been a lot easier to have this discussion 8 million illegals ago.

I've said before that Constitutional Rights aren't multiple choice. Never thought about it applying to those here illegally.

If you are here illegally/evaded Border Patrol/don't have a court date sometime in the next decade. Are you an invader?

Are we at a point where the federal government is going above and beyond to make sure illegals have Constitutional rights, while attempting to disarm Veterans without due process? (Rhetorical question, we are there.)

This came out of the 7th Circuit. The same court who twisted themselves into pretzels to uphold an Illinois "scary guns we want to ban" law. (Tinfoil hat on for this comment) is this an attempt to erode 2A support in the country? Is it an attempt to derail future 2A gains?

Edit: Northern District of Illinois, not 7th Circuit. Looks like 7th Circuit sent it back down.

 

[Combat Engineer]

Ain't it just great...lmao.The government's going to arm them.Even better yet there's a court decision that's going to arm felon's. What's next?

 

[indykid]

So does the second amendment apply to illegal "immigrants" apply as written, and that their judge given rights shall not be infringed, could they then own firearms what we as legal lifetime residents can't own? Like an FHN P90? (the real deal)