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 ...
Ironic since they don’t want American citizens to exercise the same right.
IOW, they are arming their army and disarming the populace who will fight back.
Does anyone here think that an Obama Judge is really Pro-2A?
...me too.
“Could I go to a gun store, tell them I’m here illegally and to sell me a gun?”
The aticle didn’t say the gun was purchased in the U.S. If it was purchased outside of the country, and the proper forms and clearance for the weapon’s entry were not in possession of the illegal, then the firearm is in the country illegally and must be taken. It’s no different than the ATF collecting firearms coming from outside the country in mass numbers. But not because he brandished it in public.
What the judge is saying is that there is precedence within the law about carrying a fire arm in public if it is legally obtained and the laws are followed. So the process of denying a person the right to carry a fire arm in public is not the problem and they screwed up trying to do that way.
wy69
If you interpret it as: 'those we believe are on "our side" (see: "our democracy") have rights, the rest do not' it makes complete sense, in an arrested development sort of way. Its another aspect of anarcho-tyranny.
If illegal aliens are allowed to own firearms, how can they obtain a license when the left insists that they are "undocumented?"
What documents will an illegal alien provide to secure a license to conceal carry?
If they succeed in obtaining a concealed carry permit, are the still "undocumented?" Can we go back to calling them illegal aliens?
-PJ
SCOTUS here I come.
Try that in Mehico Freepers.
On 2nd thought don’t.
so now they can invade ARMED and no state can stop them! Only Pedo Joe who wont!
ARG!!!!!!!!!!!!
ANOTHER useless piece of human debris...
Yes. Add the Supreme Court not wanting to let Texas law men to arrest illegals is the nail in the coffin.
This is intentional sabotage of our rights and freedoms. What “Hurronner” is intending is for uninformed sheeple voters, especially women, to see this and think “Wait a minute! If THAT’S what the Second Amendment means, we’ve GOT to abolish or amend it!”
She’s drumming up support for unconstitutional infringements of Second Amendment rights.
I sure hope someone plans on appealing this ruling.
IOW they are allowed to carry guns but Americans are not according to this idiot judge.
This is a trap.
You are saying that an invading army is protected by our Constitution and we have to stand by and let them go where they like fully armed with no intervention.
Obama will sit back and enjoy watching his own personal race war between black and brown from his island laughing.
I didn’t know you supply your enemy with weapons and use Trojan buses/planes/boats to enter your land.
no.
do not put words into my constitution.
the right of the people to keep and bear arms, shall not be infringed.
the people need to elect governments that abide by the laws.
yep
The right to “self-defense” is an inalienable right that governments and states CANNOT abridge; thats the entire sticking point for the Left about the 1st and 2nd Amendments
It is a GOOD ruling-for individual rights-as well as placing the state where it should be
The ruling forces states to respond to the interests and concerns of their constituents. It does mean ILLEGAL ALIENS should be arrested and dealth with according to the law interms of deportation and or naturalization. It forces the state to UPHOLD existing immigration law
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