Posted on 03/19/2024 10:20:43 AM PDT by Macho MAGA Man
and citing a Supreme Court ruling on New York State Rifle & Pistol Association Inc. v. Bruen, that New York’s law was unconstitutional and that the ability to carry a pistol in public was a constitutional right.
Judge Coleman concurred with Carbajal-Flores’ defense, stating that his nonviolent history and adherence to the conditions of his pretrial release demonstrated he did not pose a public safety risk.
The judge’s ruling claims that the statute under which Carbajal-Flores was charged does not align with the nation’s historical tradition of firearm regulation and, therefore, cannot be used to strip him of his Second Amendment rights.
“The government argues that Carbajal-Flores is a noncitizen who is unlawfully present in this country. The court notes, however, that 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,” Judge Coleman wrote.
“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. Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional,” Coleman added.
(Excerpt) Read more at thegatewaypundit.com ...
The Obama/Biden designed plan to fundamentally transform America is now complete.
First, allow an invasion of military aged illegals into the country via the Cloward-Piven strategy.
Second, have a compliant judge rule that they be allowed to carry firearms.
When something applies only to citizens the Constitution uses the word citizen.
The 2nd amendment uses the word people.
How are they going to do background checks on these people? They can’t even manage that when they enter the country illegally.
i concur. it is a basic human right granted by God.
This is NOT “BREAKING.”
This has been out for well over a day, and in many threads here.
after reading the headline, my first guess was the this decision was coming down from an illinois judge
this will cut down on crime in chicago since illegals are free to carry
the ability to carry a pistol in public was a constitutional right.
Not so easy in CA. Background check???
Remember when Obama said we would have a national civil force of some kind that would be larger than the military? He did not say — of some kind — I just can’t recall his exact speech, since I usually turned him off quickly.
I remember when he called for it.
That’s what I was wondering. If a US citizen is treated like a criminal and the illegal is treated as a citizen, then what’s next? Could I go to a gun store, tell them I’m here illegally and to sell me a gun? This ruling makes our government the defacto straw purchaser.
So SCOTUS Ketanji says US Constitution shouldn’t protect citizens from government (1st Amendment), but this leftist judge says it protects those not citizens. I’m so confused.
Hold on a sec...
I see this as a pretty bad decision.
BUT, Bigger picture.
I think this just destroys CCW permits.
My God.
The invading army is in place, and now they are allowed to obtain weapons.
That’s fine with me—as long as they are not in the US!
Don’t we claim the right to carry firearms was God given.
It is not a basic human right for them to be here at all.
Um no, the Founders meant CITIZEN, per Federalist 46.
So what does it even mean to be a citizen of the United States anymore? Everyone apparently has the rights and benefits of citizenship, no matter where they come from or whether they’re here legally or not.
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