Become an exclusive Member
News

Federal Judge Rules Ban on Illegal Immigrants Owning Firearms Unconstitutional

Charlie Kirk Staff

03/20/2024

Link
Federal Judge Rules Ban on Illegal Immigrants Owning Firearms Unconstitutional

An Obama-appointed federal judge in Illinois has made a landmark ruling, declaring that the ban on illegal immigrants possessing firearms violates their Second Amendment rights.

US District Judge Sharon Johnson Coleman’s decision, issued on March 8, concluded that the statute prohibiting noncitizens from possessing firearms infringes upon their constitutional rights. The ruling came in response to the case of defendant Hariberto Carbajal-Flores, who was charged under this law after being arrested in possession of a handgun in Chicago’s Little Village neighborhood in June 2020.

According to Coleman’s ruling, Carbajal-Flores asserted that he possessed the handgun for self-protection and protection of property, with no prior felony convictions. Coleman, an Obama appointee, referenced the 2022 Supreme Court decision in New York State Rifle and Pistol Association v Bruen, which established a framework for assessing the constitutionality of firearm regulations, Fox reports.

The judge emphasized that Carbajal-Flores’ case fell within the scope of the Second Amendment’s protections, noting his lack of criminal record involving improper weapon use and his compliance with pretrial conditions. She highlighted his assertion of using the firearm for self-defense during a period of civil unrest.

“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,” the judge 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.”

“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,” Judge Coleman continued.”Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.”

SupportSupport

Support our team today as we work to preserve America’s freedoms for another generation.

SUPPORT OUR MISSIONSUPPORT OUR MISSION
Charlie Kirk is the Founder and President of Turning Point USA, a national student movement dedicated to empowering young people to promote the principles of free markets and limited government.

Charlie is also the host of “The Charlie Kirk Show” podcast, which regularly ranks among the top-10 news shows on Apple podcast news charts, and is the host of the nationally syndicated daily radio show on the Salem Radio Network live from 12 - 3 PM ET.
Sign Up for EmailsSign Up for Emails

© Copyright 2025 . All rights reserved