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District (Obama-appointed) Judge: Gun Ban For Illegal Immigrant Unconstitutional
Breitbart ^ | 16 Mar 2024 | AWR HAWKINS

Posted on 03/16/2024 11:03:58 AM PDT by Mr. Mojo

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.

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.”

(Excerpt) Read more at breitbart.com ...


TOPICS: News/Current Events
KEYWORDS: 2a; 86to0; aliens; banglist; domesticterrorist; enemieslist; ffreedom4everyone; foreignagent; invaders; ndillimois; ndillinois; negrojudge; negrosedition; obamajudge; rights4all; rightsfromgod; sharonjohnsoncoleman
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1 posted on 03/16/2024 11:03:58 AM PDT by Mr. Mojo
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To: Mr. Mojo

So Leftists want ban guns for American citizens but not for illegal aliens


2 posted on 03/16/2024 11:09:08 AM PDT by rdcbn1
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To: Mr. Mojo

I sense the leftist judges are building a legal theory here... You can’t ban illegals from having guns because the constitution limits the government from doing so...

Ergo, illegals have the right to vote for president because it’s not in the constitution either.


3 posted on 03/16/2024 11:11:45 AM PDT by Skywise
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To: Mr. Mojo

The jokes just write themselves with these arseholes.....LOL


4 posted on 03/16/2024 11:18:09 AM PDT by lgjhn23 ("On the 8th day, Satan created the progressive liberal to destroy all the good that God created..." )
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To: Mr. Mojo

They are CRIMINAL, ILLEGAL, ALIEN INVADERS — THEY HAVE NO RIGHTS!

The “law” is an asswipe.


5 posted on 03/16/2024 11:20:46 AM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: Mr. Mojo
What?? In my 40 years in this country, I have always believed that, as a non-citizen, I was not allowed to own a gun.

Is that wrong?

6 posted on 03/16/2024 11:20:58 AM PDT by Churchillspirit (Pray for President Trump)
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To: Skywise

I consider that pretty likely. They are definitely looking for a pathway to get illegals to vote.


7 posted on 03/16/2024 11:22:39 AM PDT by ClearCase_guy (It's not "Quiet Quitting" -- it's "Going Galt".)
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To: Churchillspirit
> Is that wrong?

Apparently not per this judge. I see a Wilson Combat .45 in your future.

8 posted on 03/16/2024 11:27:27 AM PDT by broken_clock (Go Trump! Still praying.)
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To: Skywise
18 U.S.C. § 922(g)(5)

Is not a new law. Its been on the books for a very long time and has been litigated time and time again. This judge is an idiot and will be overturned unless the fed gov does not appeal and wants to set the president you outlined.

This is something to watch closely.

9 posted on 03/16/2024 11:36:25 AM PDT by usurper (AI was born with a birth defect.)
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To: Mr. Mojo
This is due to SCOTUS inventing two different tests for applying Constitutional amendments.

1) For the 14th Amendment: every living, breathing human being is a "person" to whom "substantive due process" must be applied. That's how we got the "right" to an abortion and "gay marriage" and why school districts cannot exclude illegals from schools and their benefits. Judges love this expansive interpretation of "due process" because it allows them to enforce gentry class liberal policies without the messiness of democracy.

2) the "people" as mentioned in the 2nd Amendment. This has been limited to US citizens in some rulings.

One or the other definition has to give, or we need some casuistry to justify why the group covered by the 14th Amendment is broader than the 2nd. I expect we'll get more casuistry.

10 posted on 03/16/2024 11:38:59 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Churchillspirit
Permanent, resident aliens have always been able to own firearms.

But this ability is by statute, and theoretically Congress could take it away.

11 posted on 03/16/2024 11:40:15 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Mr. Mojo

Of course.


12 posted on 03/16/2024 11:48:23 AM PDT by MrBambaLaMamba (The only good commie is one that's dead - Country Joe McDonald)
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To: usurper
This judge is an idiot and will be overturned unless the fed gov does not appeal and wants to set the president you outlined.

"Our" federal government wants us totally disarmed and "their" imported invaders fully armed.

13 posted on 03/16/2024 11:55:15 AM PDT by null and void (There’s only one thing that’s for sure. Everyone on all sides a conflict will be happy to lie to you)
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To: Mr. Mojo

Of course, we knew this was coming.

Once you throw away the concept of citizenship - as was most egregiously done in Plyler v. Doe - then everyone is a “citizen”, and no one is!

So what the dimbulb judge has done is to equate mere personhood and presence in the US with citizenship. Others on this thread have noted this. Once you do this, then everyone on Planet Earth is an American, and of course have Constitutional rights.

In this situation, we now have the following:

- A coupla divisions of the PLA shows up on the border in Lukeville dressed in civilian clothes. Since we have no right to exclude anyone on the basis of race (borders are racist, right?) then they are immediately granted entry.

- Since “judge” Coleman says they have 2nd Amendment rights, they are free to carry their QBZ rifles with them.

Ta Da! China now has an army inside the Untied Estates and it’s all legal like!

Turbo charged invasion and takeover. Did I ferget?! They must be handed voting registration cards upon entry, to “protect and fortify democracy”.


14 posted on 03/16/2024 12:11:49 PM PDT by Regulator (It's fraud, Jim)
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To: Mr. Mojo

Cheeses & Rice...


15 posted on 03/16/2024 12:13:09 PM PDT by gathersnomoss (Clown World)
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To: rdcbn1

Well, how they going to invade and conquer without firearms?

I guess we really are going to turn into South America.


16 posted on 03/16/2024 12:16:56 PM PDT by Bullish (...And just like that, I was dropped from the ping-list)
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To: null and void

Yep. That’s the plan.


17 posted on 03/16/2024 12:17:32 PM PDT by Eagles6 (Welcome to the Matrix . Orwell's "1984" was a warning, not an instruction manual.)
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To: null and void

One way to stop to our “Grabment” from granting voting rights to illegal immigrants would be for the Republicans to initiate a class action lawsuit on behalf of LEGAL immigrants demanding that each one receive a full refund for what it cost them to become legal citizens.
Call it “Law FAIR”!


18 posted on 03/16/2024 12:31:50 PM PDT by milagro (There is no peace in appeasement! There)
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To: Mr. Mojo

When you all understand that politicians want you dead, you’ll get their underlying cause for all of the madness. You’re a stain on mother earth. You need to be eliminated without the elites getting in trouble.


19 posted on 03/16/2024 12:31:54 PM PDT by lucky american (Progressives are attacking our rights and y'all will sit there and take it.)
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To: Mr. Mojo

I think I understand the judge’s reasoning. SCOTUS has ruled that the 2nd Amendment must be judged by historical standards. Were non-citizens deprived of the right to possess firearms in 1792? Were there any laws to that effect in force at the time? And was there any differentiation between legal and illegal immigrants at the time?

Now how did Señor Heriberto Carbajal-Flores come to possess the firearm in question? Did he buy it from a federally licensed dealer and pass the required background check? Is the firearm stolen?

And maybe more importantly, why wasn’t he charged with the crime of being in the U.S. illegally?


20 posted on 03/16/2024 12:40:03 PM PDT by hanamizu ( )
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