(Ken Silva, Headline USA) Conservatives are typically pleased when U.S. judges strike down firearms laws on Second Amendment grounds.
However, an Obama-appointed judge has sparked an uproar among gun enthusiasts after ruling that a law prohibiting illegal immigrants from possessing firearms is unconstitutional.
U.S. District Judge Sharon Johnson Coleman’s March 8 decision stems from the arrest of Heriberto Carbajal-Flores, who was charged with possessing a firearm while in the country illegally in June 2020.
In defending her decision to dismiss the charge against Carbajal-Flores, Judge Coleman noted that he did not have any felonies on his record, and that he purportedly received and used the handgun for self-protection and protection of property.
Judge Coleman applied a centuries-old case precedent about rules barring former British loyalists from possessing weapons. There, a court eventually ruled that only “untrustworthy” or “dangerous” former British loyalists should be barred from owning firearms in America.
“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 [illegal immigrants],” the judge said in her decision.
“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,” she said, granting the defendant’s motion to dismiss.
The ruling sparked heated discussion among firearms enthusiasts. Some libertarians defending the ruling, while conservatives voiced concerns.
Yes, I believe is it is your natural right to defend yourself.
No, I do not think we have any obligation to extend our protection of those rights to people who are not US citizens.
The US Constitution is not a suicide pact. https://t.co/scHGSWHTU1
— Feni𝕏 Ammunition (@FenixAmmunition) March 19, 2024
“Yes, I believe is it is your natural right to defend yourself. No, I do not think we have any obligation to extend our protection of those rights to people who are not US citizens,” said the ammo company Fenix Ammunition on Twitter. “The US Constitution is not a suicide pact.”
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
