New territory has been opened in the Second Amendment rights dispute as the federal government decides to challenge a judge’s decision that states the Constitution permits some undocumented immigrants to own firearms.
According to Judge Sharon Johnson Coleman, who dropped all charges against Heriberto Carbajal-Flores, an undocumented immigrant who was charged with gun possession for yelling at passing cars in Chicago’s Little Village neighborhood, the case was null and void because a Supreme Court decision in 2022 overturned a long-standing federal ban on illegal immigrants possessing guns.
The decision follows a similar case in Texas last year, making her the second judge to reach that conclusion. A judicial showdown is about to unfold as most judges considering the matter have reached a different conclusion.
Migrants are one of many groups defined by current legislation as “prohibited purchasers,” or those who are not authorized to acquire or own firearms. People with intellectual impairments, drug addicts, dishonorably discharged veterans, and convicts are among the other groups that are not allowed. In the case of Bruen, which was decided two years ago, the Supreme Court invalidated a state statute that placed strict restrictions on who may get a concealed-carry permit. Justice Clarence Thomas said in the majority decision that gun control laws must have been the kind that was tolerated when the United States adopted the Second Amendment for them to pass muster.
While Judge Coleman’s decision does not aim to invalidate the statute, this may be the outcome as the appeals process continues in Mr. Carbajal-Flores’s case and the one in Texas involving Antonio Sing-Ledezma, an illegal immigrant. After reviewing the Bruen decision, several courts have reached the same conclusion regarding illegal immigrants and firearms: the categorical prohibition remains in effect.
