Estimated reading time: 2 minutes
In a recent decision, the United States District Court for the Northern District of Illinois has granted a motion to dismiss the indictment against Heriberto Carbajal-Flores, who faced charges of firearm possession while being unlawfully present in the United States.
The case, presided over by Judge Sharon Johnson Coleman, an Obama-appointee, hinged on the interpretation of the 2A in light of recent judicial precedents.
Carbajal-Flores was initially charged under 18 U.S.C. § 922(g)(5), which prohibits illegals from possessing firearms.
His defense argued for the dismissal of the charge based on constitutional grounds, referencing key decisions in the Third and Seventh Circuits.
The court’s decision on March 8, 2024, marks a pivotal moment, as it reconsidered its prior ruling in light of the Seventh Circuit’s decision in Atkinson v. Garland and the Third Circuit’s decision in Range v. Garland.
SEE ALSO: Indiana and Utah Boost 2A Privacy with New Laws
The court conducted a thorough analysis based on the guidelines set in the landmark Supreme Court case, New York State Rifle & Pistol Ass’n. Inc. v. Bruen, and the questions proposed by the Seventh Circuit in Atkinson for assessing the constitutionality of firearm regulations.
Judge Coleman’s opinion highlighted the nonviolent nature of Carbajal-Flores’ criminal record and his consistent compliance with pre-trial release conditions.
“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 wrote in her eight-page ruling.
This ruling opens a new chapter in the ongoing debate about the scope of the Constitution, particularly concerning the “rights” of illegals within the United States.
What are your thoughts on Judge Coleman’s ruling?
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To purchase or possess a firearm in the state of ILL-annoy, you must have a FOID card (Firearm Owners ID).
To apply for and receive a FOID, you must be a US citizen and legal resident of the state.
So is the judge calling Illinois’ FOID requirement “unconstitutional”?
There’s another deep state judge that most likely be eventually picked up by general Smiths patriots with a trip to GITMO fora proper neck stretching
So we are now led to believe an illegal alien is able to purchase and carry concealed a firearm without legitimate government identification? Even citizens are not allowed that easy breezy approach to obtaining a firearm.
In my humble opinion, illegal entrants have exactly one right–they have a right to be turned over to an embassy representing their native land, and housed at that embassy until they are returned to their native land,
If they wish to have the rights of citizenship, they need to begin their relationship with this country by entering our lands with a proper visa, through a designated port of entry.
The Second Amendment applies only to citizens and those foreign nationals who are legally residing within the United States. Thus, Senior Flores as an illegal immigrant was not privileged to this Constitutional amendment. This jurorist needs to be reminded of who the Constitution applies to as intended by our Founding Fathers. Truly a case of a miscarriage of justice as Senior Flores should have been deported back to the country of his residency on the basis of his illegal entry and past criminal history alone.
Think this is a rock and hard place moment for leftists who hate the 2A because if an illegal or non-citizen can be covered under 2A, then he can also have the right to vote. For those desiring giving blanket voting rights to the 8 million that have crossed in the last 3 1/2 years, it will be hard to say you are not covered under all the tenets of our Constitution, except the 2A.. You will have to oppose voting rights and gun rights together to win, but, chances are they will get it all. Time to order another thousand rounds…
Constitutional rights are reserved wholly unto citizens of the United States. Illegal aliens are not citizens and are not in this country legally. Migrants seeking “asylum” are not citizens. Any interpretation otherwise by any court or judge is absolutely wrong.
American citizens for the most part have to fight every day to keep what 2nd amendment rights we have left. Until one of these hide your head in the sand libfools experiences some dreadful episode due to Slowey Joey’s border policy the ruin of America will continue. Keep fighting for OUR FREEDOM, VOTE THESE ANTI AMERICA NUTJOBS OUT!
Illegal’s should have no constitutional rights. What does the word illegal mean. They created a criminal act to start with. Since when have they worked to pay Social Security or fought for anything.
A Pissed Off Veteran
The illegal in this story was arrested for shooting randomly at cars in his neighborhood, because he had been warned of looters?
Mr Spangler, with all due respect, you do not know me. You have no idea what I am or am not capable of. I noted your sarcasm. Sarcasm Sir, is as pointless as tits on a hog. It accomplishes nothing productive. If sarcasm is your best shot at resolving a national crises, then you best invest in a new, higher power scope so that you can clearly see that your shots are missing the target. Sarcasm will definitely not get you there!
My comments are not a personal attack on you. They are an attack upon the rampant ignorance of possibly well meaning people who believe they know all and understand all, when in fact they do not. Yes, your wheels are turning and moving you in the right direction. However, there are a few loose spokes that are upsetting the balance of those wheels. Tighten up those spokes, restore the balance and get on the right course. Then take a reflective moment to look back upon that course and you should see where you veered of course.
I believe that we’re on the same team Sir, because why else would we both be perusing GunsAmerica? So how about we work together here instead of splitting logs. There’s a great amount of actual work to do. Posting comments is fine but we’re needed on the front lines to fight the corruption and the Biden administration. Generally speaking, the Democratic Party and their agenda of turning America into a socialist state. The most direct way to do that is to destroy our constitution and Bill of Rights. Give some thought as to why the Founding Fathers included the Second Amendment where it is. It holds the number two location as the only way to fight a tyrannical government that is trying to destroy our freedoms. Our government is quickly becoming one of tyranny if it isn’t already there. That singular truth is what drives me to do all that have ever done and will ever do for protection of America and her people. Please give that some consideration. Thank you.
So, you folks believe in the 2nd amendment, but not the 1st amendment apparently.
I think I’ll stick to supporting Bearing Arms and the SAF for true 2nd amendment rights news and skip on the establishment authoritarian censorship industrial complex that has turned Guns America into a tool for corruption.
Why so angry? Why the childish handle? Come back when you can adult there skippy, or don’t.
I can adult just fine.
I made two previous comments that Guns America declined to post because my first comment criticized the fact they held no stance on this judges ruling. If you’re just now seeing my comment, then it means it took two days just to approve them.
This a 2nd amendment supporting organization and yet they pick and choose which comments can be posted because they don’t support the 1st amendment nearly as much which is a hypocritical stance to be taking.
If they don’t want things such as threats, doxxing, or anything considered illegal to be posted in the comments, then they can create the algorithms to catch those things.
If it takes days for moderators to approve jusy a single post, then there’s not much point in having a comments section. Though, it seems your comment reached me instantly. The timestamp for your comment and my email notification are an exact match. That leads me to believe that someone at Guns America overruled whoever first declined my posts from two days ago and allowed them to posted. It seems their moderators need a refresher course on free speech and a tech specialist if they can’t handle quick moderation 24/7.
They should probably add in a delete and edit option as well.
Like Keith Green said, “Going to church doesn’t make you a Christian any more than going to McDonald’s makes you a hamburger”…if you go to a country illegally, i.e., USA, then you are not a US citizen.that kind of needs to be adressed before the “natural rights” thing (in this case, right to defend yourself) comes into play. This, like most of the nonsense we see lately, is designed to disrupt and break down this country in order to bring in socialism/communism/whatever the one world people want.
Apparently, Guns America can’t handle even the smallest bit of criticism.
I made two perfectly fine comments with no cussing, insults, or anything remotely uncouth towards them or anyone else, but neither were approved by the moderators.
Why? Because I said it was disappointing that Guns America put out a bland article that never actually addressed the ruling handed down by the judge.
They’re a firearms and 2nd amendment supporting company, yet had zero insight to offer on the ruling. My comments were rejected all because their feelings got hurt.
I might as well be trying to post something on Facebook or YouTube since censoring perfectly reasonable speech apparently isn’t allowed here anymore than it is for those platforms.
This Judge is another idiot worthy of a Biden nomination. Illegals have no rights. The term illegal denotes being a criminal. Yet we see them walking in carrying firearms. IMO this is another way the government intends to start a civil war. Illegals are raping, murdering and stealing everyday now. I suppose we are expected to accept this BS.
No, illegals should not have 2A rights. Illegals should not receive free medical care. Illegals should not be able to vote. Illegals should not have any of the same rights American citizens or legal Permanent Residents (Green Card Holders) should have. Illegals should not be here. Illegals should be deported…period.
I agree 💯
The judge should be disbarred! If they can’t pass a background check how can they purchase a firearm? They aren’t citizens so they do not have the rights of U.S. citizens! Try crossing into their country illegally, you’ll be arrested, hopefully, or you’ll be taken by the cartels, and either sold into slavery, or tortured and killed, or held for ransom. None of the above are good! Get them out, and get rid of her! FJB!
It’s almost humorous that until now, the rallying cry was “God given right to bear arms”, and now it’s no longer about God given rights, but where a person was born. Which is it? You can’t have it both ways, but wait, you’re Christians and patriots and yet you support a person who is single handedly trying to destroy the democracy of the United States. Law matters until it goes against what you want.
The legal definition is criminal aliens. They’ve already broken the law to get here, so calling them illegal immigrants doesn’t really suffice. Whether this guy broke more laws during his time here is completely irrelevant and I don’t see why the judge even mentioned it. Does that also apply to terrorists who haven’t made it onto the FBI’S watch list? They crossed the border, but haven’t committed any other crimes, so do they get a free gun and 2nd amendment privileges as well?
Perhaps, this is yet another tactic to destabilize this country even further. Start “legally” arming criminal aliens (as opposed to back alley purchases) and pit the American people against them.
Guess who’s going to jail and who’s not?
On a side note, I find it incredibly disappointing that Guns America didn’t actually state their opinion on this and just wrote up a bland article that touches on absolutely nothing of substance in this ruling.
They are trying to take our guns and give them to illegal people
What does the word Illegal mean? By the very term it means “not Legal” “not a citizen” you have no rights at all, what so ever. It is hard enough for a legal US citizen to own a gun (ie fill out the form to legally buy a gun which plainly ask “are you a US Citizen, city and state born, and SSAN etc) then a background check is run through law enforcement agencies ie FBI, state and local, police and be approved to purchase/own a gun. By the very definition of ILLEGAL a illegal person could not legally obtain a gun, because it would be impossible to do a background check because a “Illegal” does not have a background. Now Judge COLEMAN probably looks intelligent, probably dresses intelligently. probably has a law degree. probably occasionally even speaks intelligently…..but in reality has no common sense (which is not common any more) and cannot interpret the law concerning gun ownership in the US. Sometimes a person is quote “SO STUPID THAT THEY DO NOT EVEN KNOWS THAT THEY ARE STUPID’ I would say Judge Coleman fits this description perfectly A Citizen who can read and write, has common sense, and OWNS A GUN LEGALLY, VOTES BY SHOWING 3 PICTURE ID’s in person and LOVES THIS COUNTRY
Nicely written. I am afraid common sense and following the constitution is a thing of the past unfortunately.
It was probably purchased in a private sale.
Then every American in every state has the sane right!
No, they should not have 2A rights. I’m guessing you want them to have the 2A right so you would have more of a reason to take/remove the 2A rights from the lawful gun owning U.S. citizen. I’m pro gun for lawful abiding U.S. citizen, not illegals.
This Judge is a criminal and should be fired immediately!!
this law about illegal immigrants should be followed and enforced. If this man was not violent maybe he should have light penalties, but this is a dangerous precedent which will be used by the violent illegal immigrant offenders of this law.
Criminals Vote DemocRAT and DemocRATS vote Criminals!
Dems prepping for a Civil War and are arming their illegal foot soldiers. Dems more terrified than ever of Trump getting back in because more and more black peeps leaning Trump. If Trump gets back in the gloves come off regarding this liberal BS and peeps will tried for treason!☝️😆Buy ammo, lock and load.
How TF did this Banana Republic thug judge even get placed in that position???….Oooops …thats right…BoRACK O’Bamma!
They’re ILLEGAL IMMIGRANTS PERIOD.!!
They don’t have rights afforded to citizens by a constitution that they aren’t protected by! No drivers licenses, No 2nd amendment, No voting rights. They are trespassing in a foreign country!
If a person is illegal in America then, they should have NO right to have a firearm. Because he has no criminal record does not mean he’s not a criminal maybe, he’s never been caught committing a crime. The judge is a jerk. No wonder Obama appoint her. If you are illegal you have NO American rights. The constitution is for American citizens, HELLO..Any illegal should be Deported for breaking any laws in America. This judge most likely called Obama to get his thoughts of what she should do with an illegal gun toting person who would most likely kill an American. Great job judge jerk..
Another stupid ass liberal fed judge who’s willfully disobeying the law under T-18. As an illegal alien, you cannot purchase or possess firearms period! Oh wait, I forgot, if it’s an illegal alien or liberal, those laws don’t apply!
Time to civil target these judges. i.e. local/state LEOs traffic ticket them on a weekly basis until they can’t drive. These are all charges out of their control. These folks were smart enough to pass the Bar exam so they just might figure out why they keep getting nailed and change some decisions they make.
No they should NOT have 2A rights. First – you must earn the legal right to live in the USA like I did – and my forefathers who were all properly documented when arriving on Ellis Island.
ABSOLUTLYNOT, THE WORD IS ILLEGAL…..
Illinois is a shithole state and people are fleeing in droves only to go to great states with their mental illness and vote the same retarded way, it’s mind boggling.
I wanna know how did he get the gun in the first place because to get one LEGALLY you have to do a background check. So he’s already breaking the law and now he just gets to get a gun without any background check or anything at all. What if he had a machine gun would that change anything? Illegals already get a bunch of free things when they get over the border that normal Americans don’t get so why not let them all get guns with no background checks. If an illegal doesn’t have to listen to gun laws in America then law abiding citizens shouldn’t have to listen to gun laws either
The bidumb administration probably passed them out, along with a box of ammo, phones, debit cards and plane tickets in the welcome package all the illegal aliens received when they invaded our border!
He could have bought it in a private sale. Slippery slope.
This may be true.
But you still Do need to keep records, especially in Illinois. Of every gun sold or purchased. The guy’s lawyer probably knows the judge!
Heh.But they want to disarm the rest of us…..
I wonder how he passed the background check.
They are not citizen and do not have the rights of the 2A
Funny how guns are a fundamental right, in the U$, until “those others” are afforded the same rights in a “free” country. Can’t have it both ways! Right-wingers have to suck this one up.
– An armed Leftist
Only U.S. citizens have the protections afforded by our Constitution. How did he purchase a firearm legally without a background check after entering the US illegally?
Kinda put you leftist America-haters in a box, doesn’t it?
There are two way to fix this. Either kick the illegals out of the country, or get rid of gun controls.
Yes, we can have it both ways. The right of self defense applies to all people, but there’s no law that says the US has to provide 2nd amendment rights to criminal aliens in order to fulfill their right to self defense.
The judge determined he hasn’t broken any laws other than crossing the border which is factually incorrect. It’s not possible for him to legally obtain a firearm in this country, so it’s quite obvious he broke the law just by obtaining the firearm and again by possesing it. He also used it in an instance where his life was not immediately being threatened.
“Court documents show Carbajal-Flores fired his handgun at moving vehicles when he believed looters were approaching his neighborhood after police warned of potential threats.”
Some people were driving around near his neighborhood and he shot at them. Where was the threat? Not one person was even trying to hurt him. I’m pretty sure that in itself is a felony, yet the judge let him off with zero punishment. The average American would be tossed in prison for what he did. The fact the judge determined he was not a threat even after firing at random vehicles shows she has an underlying ideological reason for her ruling or she’s just incredibly incompetent
Either way, precedent has been set that criminal aliens don’t have 2nd amendment rights under our Constitution. Ultimately, the Supreme Court will have to make a final determination.
Legal citizens of The United States are afforded protection for what is left of OUR 2nd Amendment. Does not the term illegal mean anything? Hopefully you will never have to use your weapon to protect yourself from an ILLEGAL who does not care about laws.
They are CRIMINALS! They are here illegally and have no interest in following our laws.
We are forced to endure background checks prior to purchasing firearms, but apparently this judge has no interest in people obeying our laws.
These criminals are receiving benefits that honest law abiding Americans do not receive. That is unconstitutional and should be disavowed by SCOTUS.
This judge like others democratic appointed judges all favor criminals especially illegal immigrants. But they do not enforce the constitutional rights of citizens of the US. OUR COURTS ARE A JOKE.
One commenter said “It must be opposite day… Flippin Liberal Judge…”. The whining and rending of the clothes is amusing. One’s presence in the US illegal or not, does confer some rights guaranteed by the Constitution. This is just a new one. What evidence is there that she is a liberal judge? Her ethnicity? Your racism? If you saw a picture of Clarence “Stevan Candie” Thomas do you automatically think “liberal judge”? This decision is due to 5 judges who are unequivocally conservative but its the fault of a “liberal judge” that this happened? You should be happy a “liberal judge” came down on the side of guns.
The greed of some in the 2A community for unfettered gun “freedom” is the seed that bore this fruit.
Don’t be a clown, she/it was appointed by Oblowme, there is your evidence, so stop being obtuse you democrat.
You can always tell who they are when the race card comes up.
Nobody said anything about race, oh wait you did,
I was referring to Liberal Demoncrat, nothing about race. You are the one who jumped at that insinuation ace. Wonder why?
Spin it how yow you want, good day.
Illinois judges have supported most cases against private gun ownership including two judges that received $1,000,000.00 each to rule in favor of Pritzker’s anti 2A agenda. Any favorable rulings were overturned on appeal so this is NOT a case where judge Coleman was just following an established legal precedent. The overwhelming majority of legal gunowners support laws prohibiting people who have been “adjucated mentally defective” or have committed a violent felony, dishonorable discharge from the military, addicted to a illegal substance, renounced their citizenship or are illegal immigrants. Your claim of “unfettered” is false and the left owns the bad ruling.
What might prove interesting is who will challenge this judges ruling. The ATF should be at the front of the line and the IL appelate courts will have a real schism. This judge probably has the same motives Barry Soetoro had where the feds were illegally running guns into Mexico so that ensuing violence would be another call for destroying the 2A.
Your fake POTUS (genuine POS), who was accused in writing, by his daughter of molesting her in the shower as a young child, is allowing people into the US that have terrible histories that are NOT known to US authorities. There are many perverts crossing the border just like your fake POTUS who has caused the 85,000 vulnerabe children to go missing an an untold number are in the hands of the worst perverts in the world. Say something on this fact. Show as much contempt of the lowlife pervert in the WH that you have for 2A supporters for once Mario.
If we, the US government, are giving them money in the form of debit cards, to pay for food and lodging, how is it he was able to purchase a gun? How?
The judge is an idiot and should be removed from office
I agree 💯!!
A “Soros” judge, no doubt.
In a word, NO! They already receive benefits not extended to law abiding citizens, cell phones, medical, housing, to name a few. Perhaps, once they cross the border they should be handed a gun and enough fentanyl to support their families for a few years.
It seems that illegals get the rights and the law-abiding get to pay. This nation has truly gone to hell.
The US Constitution was written by, created for and approved by American citizens. Anyone in this country illegally or visiting are not granted the rights established by the Constitution. This clarification must be confirmed by the Supreme Court immediately to stop the abuse of the Constitution. Try committing crimes in other countries and see what happens.
Sure give the illegal our second amendment right we have already let him walk into America probably given him free food n housing,medical,cell phone,education,and legal counsel.I’m just a stupid taxpayer who has to pay for all this including the salary of the judge who made this decision.I would like to know why someone who we know is here illegally wasn’t immediately deported along with the judge that made this decision.Maybe we should hand them a firearm of their choice when they cross the boarder as a free gift.
Three car horns honked approval and voting machines whirred with delight.
Let get this straight the nut cast liberal judge wants “illegals”, criminals to own guns. But the left wants to take away from legal citizens of this country. Does anyone see a problem with this mindset?
This POS Judge needs to be arrested and put in GITMO for violating her OATH OF OFFICE to uphold the Constitution. Federal forms make it illegal for ILLEGALS to own or posses firearms. What does the ATF think about this or are they going to turn a blnid eye on this?
Look at the shape of this judge ?Wait until one of her MIGRANTS uses their illegal pistol on herself ,then we will see how things change FAST. Can’t wait until TRUMP takes over ,maybe we can ship this thing called a judge out on the next flight.to HAITI .What’s crazy is we don’t even know who each person is ,or where they come from , or if they were in prison and released or if they were in a Mental Hospital ,or even their back round, but DUMBASS BIDEN does not give a shit . HE IS COMPROMISED AROUND THE WORLD.
One MUST be a either natural born or legally immigrated citizen of the US, to be protected under our Constitution and Bill of Rights.
Judge Coleman’s ruling is at best, absurd and stinks of far left liberal disrespect and disregard for our Constitution. If an American were to go to any other country in the world, especially Mexico, and committed such crimes as Mr Carbsjal-Flores did here, we’d rot in a substandard prison without a trial of minimal legality if any at all.
It is clearly noted that the Constitution of America is FOR AMERICAN CITIZENS. It affords no rights whatsoever to illegal aliens. When a noncitizen is here in America, it is expected that they will abide by our laws. This particular illegal HAS a documented criminal background. He should have been deported a long time ago. This is just yet another prime example of the giving away of America and destroying our values and freedoms.
If and illegal can own a gun under the 2nd amendment, how do they purchase a gun legally if they are not American citizens. That would make them owning a gun illegal.
No, they will be used against US citizens. Is this judge stupid or what?
Why does he NEED a firearm? (Spurious argument posed by anti-U.S., anti-2A leftists.)
What other laws is the illegal invited to break with impunity?
(Legitimate question posed by Americans who used to be told “We are a nation of laws.”)
You have no rights under the constitution if you are not a citizen of this country. If you have broken the law to enter our country the rights of our citizen should not be afforded to you.
There are two precedential reasons why ‘illegals’ do not have 2A rights: One, they are here illegally, which, under the ‘fruit of the forbidden tree’ principle would mean that everything they do while here illegally is by definition “illegal.” And, two, until they have been identified to legal standards–as the SCOTUS has ruled–they have no rights at all and must remain in custody until their identity has been established and their case disposed of…they don’t even get a phone call. Until this invasion, that was the standard. Ergo, they don’t have access to the Bill of Rights but the federal courts don’t care; they are part of the globalist agenda. The gorilla in the room is this: if the federal government does not have to abide by its own laws, why should citizens have to abide by them?
In the state of Ill. to own a gun you must have a FOID card how did he get one ?????????
Illinois is notorious for taking away legal guns from legal citizens but gives a gun back to someone who is in the USA illegally. This makes me question if a person were a convicted felon, say for drug trafficking or even a non violent sex offender, and they renounce their US citizenship would they then be allowed to carry a firearm again?
So the extrapolation is 4473s and NICS are not necessary…because no way an illegal would pass either.
There is a provision on 4473 that non-citizens can purchase a firearm if they have valid ID (which Chicago and California are both issuing to illegals’) and have applied for and received a valid hunting license. It’s actually easier than getting a voter registration card–and all they need for that is the ID and a social security number, which Democrat activists are making sure they get. So, we must conclude they can get anything they need to do anything the globalists want them to do.
They have to have some form of LEGAL STATUS; a work permit, permanent residence, diplomatic credentials, etc. Anyone “undocumented” will not have the required INS number that qualifies them for the exception.
Exactly. The screening question on the 4473 asks if you are a US citizen. If you are not, it asks for your Permanent Resident # (ie your Green Card #). An illegal alien is neither a citizen nor has a Green Card. As such they are not qualified to legally purchase a firearm from an FFL. So if this judge is saying illegals have a right to own firearms, then he just nullified the ATF transfer process.
You are both correct. The point to be made is that, in spite of these protections, actors for GSO’s in sanctuary cities are defying the law to make sure those we would consider ‘illegal’ eligible for gun ownership; and, Chicago, for example, is recruiting them as police officers. Dick Durbin recently proposed inducting them into the military in exchange for citizenship. Tell me if there is a better recipe for creating a domestic army, police cadre for in country use, controllable and already indoctrinated to total control. FYI–review Rand MG819 for context. They have found a way around every safeguard in place.
absolutely not. Illegals have no rights, period.
As Americans, we have to go through extensive training to have no felonies for owning a firearm but, illegals don’t that another slap in the face of American citizens it bad enough that they are invading our country illegally now this .
No way Jose!
Amigo , no importa a nadie .
That is , unless one IS a U.S. citizen ,
then they care .
Our Neocommunist overseers don’t .
If they are here illegally that means they broke the law they should not be able to get a firearm
It must be opposite day… Flippin Liberal Judge…
Should illegals have the right to bear arms ? What a stupid concept, they are illegal ! They are not citizens (definition of a citizen, “The meaning of CITIZEN is a native or naturalized person”) Try bringing an undeclaired, unapproved firearm into Mexico !
so, does this ruling now mean that IL is now a constitutional carry state? it would seem so. maybe some pro-gun legal teams can get in there and leverage this ruling to finish the work.
If you or anyone else is not a United States citizen, then you have no Rights that Citizens of the United States can take for granted!
Illegal Aliens have no Constitutional rights or protections. That means that these law breakers have none of the freedoms granted to US Citizens.
Clearly the judge is uneducated or ignorant of rights provided by the U.S. Constitution. The basis for all rights is being a citizen of the United States of America. Too, felons are not permitted to possess firearms, and while Flores has not been convicted of illegal trespass, he most certainly should be arrested and tried based on the fact that he is in our country illegally, per the court records.
The right of the people ( US LEGAL CITIZENS ) SHALL NO BE INFINGED
The right of the people ( US LEGAL CITIZENS ) SHALL NOT BE INFINGED
I think I’ll have to agree with her ruling, but then again I blame the Native Americans for all of America’s problems today.
“If the Native Americans had had a COMPREHENSIVE IMMIGRATION POLICY IN EFFECT IN 1492, none of this crap would be happening today…
Mr Spangler, you sir, are an idiot! Our Native Americans were the only people in this land prior to the arrival of the English. They knew nothing of other peoples existence ergo, they had no need for a Comprehensive Immigration Policy. Additionally, in the 1700’s, that policy did not exist. MOF, prior to arrival of the English, there’s was no government therefore no policies. Grow a brain, learn about the history of this land and then post an educated comment. Take a class or read a textbook on Native American Hustory. That will set you straight.
Too bad you are incapable of seeing my post for what it is.
SARCASM
What part of illegal don’t the understand?
Dito!
We must be careful, the 2nd amendment states a God given right. Not granted right by the government. If we change that it only furthers the lefts ability to try and restrict everyone. So I must agree with the judge.
Mark,
Nowhere in the individual rights named in the Bill of Rights does it say they are God given.
Chop it up to suit your needs, then you can ignore what is already established: “…they are endowed, by their Creator, with certain unalienable rights…”
To: Charlie: That was the Declaration of Independence, not the U.S. Constitution or Bill of Rights
I have to agree with Mark and Charlie. The Bill of Rights and the Declaration of Independence are eternally connected. All men are endowed by their Creator with natural rights. The 2A does NOT GIVE a right to bear arms for protection against tyranny and other forms of violence. It merely states that the government can never take that natural, God-given right away.
So we do have to be careful how we phrase the argument. Rather, we go after the legality of the other things the illegal alien did, and punish all violations with the maximum sentence.
Personally, I think that if an illegal uses a gun to commit violence in any of the 50 states, then they should be eligible for the death penalty because of the compounding nature of the illegal things they have done. That would certainly get the attention of the thugs.
Do you believe that the Declaration of Independance was specifically including the those same rights as the rights enumerated in the “Bill of Rights”? Or was the DI a more basic statement of natural laws and the 2A a more detailed statement citizens of the US?
Yes, I do.
The 2A states “…right of the people to keep and bear Arms…” Legal scholars have determined that arms incude anything to protect oneself. So a sword or shield are also considered arms. So, in most people minds self defense is a natural law limited only by the established theory of both “dangerour and unusual” arms. I suppose that even a porcupine or a donkey have some form of natural protection.
Therefore, most people have have acess to some form of arms. Would a Tory crossing the border of Canada into the US be one of the “people” and have the right under the 2A on December 15, 1791 to own a firearm? I doubt that would be the case and something along these lines might be tested at some point. Certainly, people proven to be a danger were disarmed at the time of the drafting of the 2A.
I always shied away from the “God given” statements since firearms are a modern technology and many agnostic people believe in the 2A. Also, the 1A’s contains the “Establishment Clause” which prohibits the government from making any law “respecting an establishment of religion.” Often confused with the “seperation of Church and State.”
So, your concerns are valid and the left will try to destroy freedom in the name of freedom. Still, I doubt large swaths of military age foreigners are considered “the people” in the “Biil of Rights.”
So illegal aliens (non citizens) have 2A rights but law abiding, born citizens do not in some areas? The words ‘illegal’ and ‘alien’ say it all. They are law breaking non-citizens not granted rights under the Constitution which was meant for citizens.
Next comes all benefits accorded to a American. Except of course – TAXES. Yea we can’t tax them – they are invaders so no taxes – just the benefits.
Just part of a larger agenda. If illegals have 2A rights, why wouldn’t they have voting rights?
If you are here illegally how do you have any rights at all. How did he purchase this weapon And where was it purchased from? You need an F.O .I.card Fire.
Arms owners identification card. In the State of Illinois, did he have one of these and where did he get that? These are the things they should be looking and I am sorry but illegal is illegal.
Exactly! And we’re talking about Illinois here, one of the most restrictive gun rights states in the country and this guy supposedly purchased ( I am assuming here) a firearm from a FFL dealer. If he did, how? If he didn’t, then he purchased it illegally. U.S. citizens with felony convictions cannot buy or own a firearm yet someone here illegally and may have committed a felony while here, can not only buy a gun, but gets off ‘scott free’ if he does get caught.
If you were here illegally, how do you have any rights? How did he get possession of the Weapon and where was it purchased?If you are here illegally? Did he have an f. o .I .Firearms owners identification card which is required in illinois? These are the things they should be looking at!
Seems like everyone but the law abiding citizen get special treatment from the radicals that are ruining are country. We are in very troubled times. Hard to believe half the people still support this administration after all the harm they have done. God help us.
They’re oblivious to the reality of what the leftist wrecking ball is doing. Joe and Mika aren’t spoonfeeding Biden voters with useful information every morning, only fever dreams of the Orange Monster.
Let me guess…Next…comes a ruling on voting rights for illegals?
Form 4473 “are you illegally or unlawfully in the United States”
Exactly! So I guess a 4473 and NICS is no longer needed? I’m down for that!
Most stupid idea, become a citizen than you can have 2A. Along with the rest of the constitution.
They, newcomers should have the very same rights to self defense they had in their country of origin, until such time as they become full U S citizens. Cartels, criminals , terrorists will use these new interpretation of the law to acquire weapons and commit crimes against the population
Until all documentation for citizenship is complete and a person takes the pledge to the constitution, they should not be allowed to use the constitution as their legal defense. Once completed and meeting the requirement citizenship they are welcomed to purchase a firearm.
Every human should have human rights, civil rights should not be granted to illegal immigrants.
so basically the constitution protects the rights of non-citizens and doesn’t protect citizens……. and how does one legally get a gun or pass a background check without a ssn????
phucking commies and biden voters
BINGO, you have far more enemies in the US government than friends. Never write the SSN on the 4473.
never transfer a gun without a background check
Or to a democrat.