Obama judge sez illegal OK to possess

[AZHTfreak]

More Bolshevek firehose diarrhea...

https://www.breitbart.com/2nd-amendment ... itutional/

On March 8, 2024, U.S. District Judge Sharon Johnson Coleman decided against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores.

The case at hand centered on Carbajal-Flores, who was “charged with possession of a firearm while illegally or unlawfully in the United States.” He had a handgun in his possession “in the Little Village neighborhood of Chicago, Illinois,” on June 1, 2020. He was charged for being a non-citizen in possession for a firearm.

Carbajal-Flores sought twice, unsuccessfully, to have his indictment removed. But in his third attempt, a decision in the United States Court of Appeals for the Seventh Circuit and the Supreme Court of the United States’ Bruen (2022) decision, resulted in a different outcome.

Coleman, a Barack Obama appointee, countered government arguments against Carbajal-Flores’ firearm possession by noting:

The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country. 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. 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 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.”

[kenpoprofessor]

Which means, it opens the door to all sorts of unforeseen and unknown consequences for this. In many states, you can't "legally" acquire a firearm without a background check, but it leaves the door open for illegals to acquire them "legally" on the open market if they were "given" the gun as a "gift". That being said, "legally" you can't sell them a firearm if you know they're a criminal, and there's no way for the FBI to do a Background check. While this is somewhat of a good ruling for a lot of non violent felony folks, it's bad news for the average citizen.

Have a great, gun carryin', Kenpo day

Clyde

[Doc]

[Suck My Glock]

This is part of a larger recognition via Bruen that felons cannot constitutionally be barred from owning/possessing firearms. There are cases scheduled for the SCOTUS soon that appear to be primed for that to finally be stated on the record and do away with felon-in-possession laws. And you know for a fact daddy Biden is putting out the word that his boy needs to be granted early relief by this incoming legal wave.

The only real question anybody is expecting the SCOTUS to wrestle with when they finally rule,...is whether or not they will grant that ALL felons can own guns, or include some sort of compromise for the Karens that VIOLENT felons are still prohibited. According to the letter and spirit of "the law" (that being the Constitution and Bill Of Rights), all gun laws are illegal, so the only truly constitutional decision SCOTUS could/should make is that all felon prohibition law is BS and ixnay. But such a ruling will cause much wailing and gnashing of teeth.

[Dauph]

[XJThrottle]

Are going to change the 4473 removing 21 E/L? If they are trying to buy from a FFL (HIGHLY unlikely, but depicted in the video above), they would have to falsify the 4473 by answering NO. Ultimately committing a felony...lol

Or, are they saying FTF transactions are now constitutionally legal?

[Dauph]