Lots of discussion on this ruling in our community. What is the exact meaning of “the People” in the Second Amendment.
U.S. District Judge Sharon Johnson Coleman ruled earlier this month that an illegal alien can not be charged for carrying a loaded firearm. What can go wrong?
Judge Coleman is an Obama appointee and a liberal judge in Illinois. An illegal alien, Heriberto Carbajal-Flores, was charged with carrying a loaded gun. In her ruling, Judge Coleman said, ‘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.’
Carbajal-Flores’ defense team posed the argument that the government could not show that 18 U.S.C. § 922(g)(5) was ‘part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.’
In 2022, the Supreme Court ruled that government prosecutors must be able to show that regulations are ‘consistent with this nation’s historical tradition of firearm regulation.’
The arguments presented by defense lawyers were enough to convince the judge that the charges should be dismissed. She referred to him as a “noncitizen” and nothing else. She said she shies away from harsher language. Really? The term used in the Constitution is illegal alien. Does that offend her delicate sensibilities?
By Karen Townsend