Guns

Brian Doherty | 3.20.2024 4:15 PM

In a decision earlier this month in U.S. v. Carbajal-Flores from the U.S. District Court for the Northern District of Illinois, Eastern Division, Judge Sharon Johnson Coleman concluded that you can't always and under every circumstance prohibit people in the country illegally from legally possessing weapons.

The factual background of the prosecution of Heriberto Carbajal-Flores, as explained in Judge Coleman's decision: "On June 1, 2020, Carbajal-Flores possessed a handgun in the Little Village neighborhood of Chicago, Illinois. Carbajal-Flores contends that he received and used the handgun for self-protection and protection of property. Because of Carbajal-Flores' citizenship status, he was charged with violating of 18 U.S.C. § 922(g)(5), which prohibits any noncitizen who is not legally authorized to be in the United States from 'possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.'"

Judge Coleman granted a motion to dismiss the charges against Carbajal-Flores, by declaring that such a blanket prohibition against weapons possession for a category of people can't withstand scrutiny under current Second Amendment doctrine.

Carbajal-Flores has been on pre-trial release and "has consistently adhered to and fulfilled all the stipulated conditions of his release," the decision explains. "Pretrial Services has conducted numerous employment........

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