A federal judge ruled that the Second Amendment applies to illegal immigrants. U.S. District Judge Sharon Johnson Coleman said that a federal law that makes it unlawful for undocumented individuals to own a gun is unconstitutional.
The case revolved around the June 2020 arrest of Heriberto Carbajal-Flores in Chicago for being an illegal immigrant in possession of a handgun. Carbajal-Flores argued that he had the gun for self-defense and had never been convicted of a violent crime.
Coleman noted that there is no historical context to justify restricting the rights of Carbajal-Flores or other people in the country illegally to own a gun.
"Carbajal-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," Coleman wrote. "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."
She added, "The noncitizen possession statute … violates the Second Amendment as applied to Carbajal-Flores. "Thus, the Court grants Carbajal-Flores' motion to dismiss."