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 ...
Alrighty then, open carry for all states is hereby allowed!
So any people in the world are covered by our Constitution? That’s what you seem to be saying.
(the right of the people to keep and bear arms, shall not be infringed.)
Are you referring to Citizens or Non-Citizens?
Only Congress can grant that right by passing a law. Some scumbag politicalized judge cannot grant rights.
Notice that democrats want to take guns from citizens, but they want to create situations whereby guns become responsible for murder or criminal activity.
This cannot undo the current purchase form required by the ATF/DOJ when purchasing a gun. It clearly states you must be law abiding, not using illegal drugs by federal law, not have abused any other person, not in the country illegally, not courts martialed, not a felon.
Could I go to a gun store, tell them I’m here illegally and to sell me a gun?
= = =
Pull a kinfe, and demand the free $899 gun.
Yes. Are you saying they aren’t?
That our rights are not God given?
That man can set who God ordains with rights?
I am not misapplying anything. The government is not protecting US citizens. There is no legitimate government. We are all illegals now.
“When something applies only to citizens the Constitution uses the word citizen. The 2nd amendment uses the word people.”
In 1787, who was considered a citizen of the United States? If you were not living in one of the 13 original colonies were you a citizen of the US?
Back then what would have been considered legal or illegal to be in the country?
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