Undocumented Immigrants Have Right to Own Guns, Judge Rules (merged)

[Jmac00]

Say what now???

Illegal Immigrant Can Carry Guns: Federal Judge

Ruling from U.S. Supreme Court means the attempt to ban an illegal immigrant from possessing firearms is unconstitutional, judge concludes.

www.theepochtimes.com

An illegal immigrant was wrongly banned from possessing guns, according to a recent ruling.

A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”

U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8.

so if an illegal can carry a firearm, does this mean a Canceled Carry License issued by the state is meaningless ???

 

[Bigfoot]

I read a lot about this on another gun forum (arfcom) last night. The consensus over there is sort of that a person does not have to be an American citizen to have constitutional rights on American soil. Whether someone likes it or not, it is what it is. Supposedly.

In other words, self-defense is a God-given right. Not something a government gives someone.

It all boils down to what the United States of America's Constitution says about it.
And where that leads to I do not know at this point, but I would like to.

But for now, my lunch break is over and I have to go back to work. Meh, you know how it is.

But later on tonight when I get back home I'll be interested to read your guy's opinions and see where this thread goes.

 

[Dr. Evil]

I now identify as an illegal alien.

 

[Jmac00]

it just seems to me that the NYS pistol permit is meaningless? If an illegal can carry ILLEGALLY, then whats the point of a permit??

 

[VietnamEraVet]

it just seems to me that the NYS pistol permit is meaningless? If an illegal can carry ILLEGALLY, then whats the point of a permit??

I am waiting for an illegal to be arrested for carrying in NYC, and then get off. At that point we need to sue to allow us to carry there without or even with a (worthless NY CCW permit). Hell, we need to be able to carry EVERYWHERE!!!

 

[Celt]

I'd be willing to bet it doesn't mean that anybody who's an illegal alien can break state laws and carry wherever they want. State laws will still apply, meaning permits will still be required.

And I'd have to think about this a little bit more, but in principle everybody in the world should be able to carry any tool they want for self defense. As stated above it is not a government granted right, it is a right that the government is supposed to protect for its citizens, people here illegally arent offered the same protections, but as humans they have certain inalienable rights.

Im trying to figure out how this could be a benefit for citizens, and restrict government over reach.

 

[stokes]

They want them to have guns so they can go on a righteous rampage when they all get here. Then they can point a finger and blame the right and 2A supporters for the carnage that is sure to come with these invaders. Time to eliminate the 2A!!

 

[Saltwater60]

I read a lot about this on another gun forum (arfcom) last night. The consensus over there is sort of that a person does not have to be an American citizen to have constitutional rights on American soil. Whether someone likes it or not, it is what it is. Supposedly.

In other words, self-defense is a God-given right. Not something a government gives someone.

It all boils down to what the United States of America's Constitution says about it.
And where that leads to I do not know at this point, but I would like to.

But for now, my lunch break is over and I have to go back to work. Meh, you know how it is.

But later on tonight when I get back home I'll be interested to read your guy's opinions and see where this thread goes.

Agreed and I’ve said it would come to this and many laughed at me. The constitution says we the people not we the citizen. So now can they vote too? Has this conservative majority been a sham? Was this all a set up.

 

[Saltwater60]

This indicates to me pistol permits are meaningless. I’m not willing to try it. Also she was appointed by Obama so this is interesting to say the least.
A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”

I wonder if they will allow it to stand or if the government will appeal it. Also interesting the government said he should be banned and considered dangerous because he entered the country illegally. Well they can’t have it both ways and I have mixed feelings on this but I’m glad the government lost.

 

[stokes]

Has this conservative majority been a sham? Was this all a set up.

I've said it many times, everything in DC has been nothing but theatrics for the last 20 yrs or more. And I often wonder if Trump isnt actually a part of it.

 

[skywarner]

I now identify as an illegal alien.

#MeToo

 

[livingston]

They have to allow them guns ... Now they can become police officers ... Think back on how theTiananmen square situation happened .... Local soldiers would not fire on the people.. ... They shipped in people from perhaps Tibet to kill the students.... .. Avoid crowds and protests in the future folks.

 

[libertysnake]

I now identify as an illegal alien.

Que?

 

[Deplorable Me]

Two words: Criminal intent.

 

[2WheelGnnr]

I think you need to be an american citizen to have the constitution and our analiable (sp) rights.........this I feel is a problem waiting to happen... like said above...demos waiting for them to shoot someone or do something and blames those damn 2a supports..I support the 2nd for AMERICAN CITIZENS....

 

[skywarner]

Que?

Quiero comprar una Glock, por favor.

 

[thisIslandEarth]

Crap! I have to re-identify again? WTF. Okay, I identify as a dog from Mexico that entered the US illegally.

 

[FP1201]

I read a lot about this on another gun forum (arfcom) last night. The consensus over there is sort of that a person does not have to be an American citizen to have constitutional rights on American soil. Whether someone likes it or not, it is what it is. Supposedly.

In other words, self-defense is a God-given right. Not something a government gives someone.

It all boils down to what the Ucog nited States of America's Constitution says about it.
And where that leads to I do not know at this point, but I would like to.

But for now, my lunch break is over and I have to go back to work. Meh, you know how it is.

But later on tonight when I get back home I'll be interested to read your guy's opinions and see where this thread goes.

FAL files for me...
Double edged sword for sure, and in the simplest interpretation of the Bill of Rights we are all equal under, however it's not as simple as that, which is where and how we got to the point of bastardization we're at now. If it's one Right, it's ALL of them, and yet this will not do.
The Conspiracy theorist in me says "it's another cog in the Destroy America Machine" to be used as an excuse to arm and allow illegal aliens to have weapons.
We are a Nation of Laws...too many of which have differing interpretations based on how much Lawyer you can afford.

 

[Celt]

 

[stokes]

We dont need no steenkin badges!

 

[RedBreast21]

Since it was an Obama appointed judge its clearly a political move to politicize SCOTUS and Trumps appointments to it. The media will have a field day until the 2022 ruling is dissected and revealed.

But I am all for it. Send this quote to every lefty you know.


"U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8."


“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman, appointed under President Barack Obama, wrote in her 8-page ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”

 

[Justincase]

Undocumented immigrants have right to own guns, judge rules

A judge sided with an illegal immigrant on gun charges that resulted from property protection and self-defense.

www.newsweek.com

 

[Tinman]

This country has gone nuts.

 

[Justincase]

This country has gone nuts.

Agreed

 

[CNYJohn]

I read that as " all illegals carry guns, therefore all can be considered to be harmful to my well being and as a result are now walking targets for me "

 

[Bigfoot]

Wouldn't there be a problem with turd worlders going through a NICS BGC? How would the FBI even know or confirm the criminal history of many of the illegal invaders that are coming from shithole countries?

Or are Biden's new supercitizens going to get a pass on having to have a BGC done on them?
I'm just being facetious, I think. But nothing surprises me these days.

Private sales are still legal in much of this country, but what about the states like NY where private sales have been banned?

 

[FP1201]

Wouldn't there be a problem with turd worlders going through a NICS BGC? How would the FBI even know or confirm the criminal history of most of the illegal invaders?

Unless they're big Cartel players or previously identified by Military/CIA intelligence, I highly doubt if Interpol would have any record, and despite deep roots into Foreign Governments Computers, there's little chance of the FBI finding anything, let alone anything disqualifying in a NICS check.

 

[Bigfoot]

Entering this country illegally is a misdemeanor charge. Re-entry is a felony charge.

I just thought I'd mention it.

 

[rustic105]

Democrats always have a plan. Why would an Obama crony judge allow illegals guns?

Perhaps to add weight to justification for martial law in the future. Say, November, after the election.

 

[Jsmegs77]

I did not see that coming. It appears that the recent undocumented and thus illegal immigrants are the new protected class, who can break any and all laws with impunity.

This must really, really sting my Colombian friend of two decades ago, who was deported in the middle of attaining his citizenship for having a beer with some pizza after work (at a restaurant) then walking to his car with keys in hand.