Judge: Illegal Alien Has Right to Own a Gun
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Judge: Illegal Alien Has Right to Own a Gun
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The federal government is appealing a ruling that allowed an illegal immigrant to possess a firearm. Does the U.S. Constitution afford rights, including the Second Amendment right to bear arms, to noncitizens?
From The Washington Times. The federal government is appealing a judge’s ruling that found the Constitution allows some immigrants without documentation to possess guns, plowing new ground in the quickly evolving debate over Second Amendment rights.
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The Justice Department filed its notice of appeal Thursday with Judge Sharon Johnson Coleman, whose ruling last month dismissed charges against an undocumented immigrant who’d been prosecuted for gun possession after he started blasting away at cars driving by him in Chicago’s Little Village neighborhood.
Judge Coleman said that a 2022 Supreme Court case upended away a longstanding federal ban on immigrants who are in the U.S. illegally possessing guns, effectively erasing the case against Heriberto Carbajal-Flores.
She’s the second judge to rule that way, following a similar case last year in Texas. …
The Illinois and Texas cases are now with appeals courts, testing new frontiers in both gun and immigration law. …
Under existing law, the migrants are one of a series of categories of what’s known as “prohibited purchasers,” or individuals who are not allowed to obtain or possess a gun. Among the other bans are felons, those with intellectual disabilities, drug users and those dishonorably discharged from military service.
But things got complicated two years ago when the justices issued their decision in a case known as Bruen, where they struck down a state law that severely limited who could obtain a concealed-carry permit. In his majority opinion Justice Clarence Thomas wrote that for firearms restrictions to survive Second Amendment scrutiny, they must have been the type of law countenanced at the time Congress wrote and the country ratified the amendment.
Judge Coleman said the key analogy in early history was a bar on British loyalists, and even that was not categorical. They could regain gun rights as long as they swore a loyalty oath, in effect signifying they weren’t untrustworthy or dangerous.
For Mr. Carbajal-Flores, she said she could find no evidence that he was dangerous, and so despite his unlawful presence he isn’t automatically barred. …
Judge Coleman’s ruling only applies to Mr. Carbajal-Flores and doesn’t purport to strike down the law, though that could be the result. …
Mr. Carbajel-Flores’ case is just one of a series of gun cases winding their way through the courts in the wake of Bruen.
They cover challenges both to types of weapons and so-called “prohibited purchasers” who, under existing law, are banned from buying or possessing a weapon. …
The Sing-Ledezma and Carbajal-Flores cases are, for now, outliers. Other courts have revisited undocumented immigrants and guns in the wake of the Bruen ruling and concluded that the categorical bar is still valid.
Those judges have focused less on the Second Amendment and more on the immigrants who are in the U.S. illegally, finding that they are outside the definition of “the people” that the amendment grants the right to bear arms. …
Should illegal immigrants be able to purchase guns in the U.S.? Please weigh in below.
(Excerpt from The Washington Times. Photo Credit: Lutador/Getty Images via Canva Pro)
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Father, I pray that our legislators will seek you for wisdom and guidance concerning this matter of illegal aliens baring firearms. It’s time for this country to undergo a shaking so that it sees you as the Almighty God who can steer it in the right direction. Please take the blinders off our leaders’ eyes. Thank you Father. I ask this in the mighty name of Jesus, amen.
Whatever happened to common sense. The right to bear arms is for US citizens not the entire world. So shooting at passing cars isn’t dangerous since when. If a US citizen had been doing that they would have been convicted and the judge would have lectured on the dangers of firing a gun in public. Let’s see, if the judge was in one of the cars being shot at maybe a different perspective from the judge. Again common sense
We need to hold and stand on how the 2nd amendment reads ! Who can carry, only legal citizens of America! Honor our Constitution and Amendment!
Enough of lawlessness in our courts!!!
NOOOOO! Definitely not. The second amendment applies to LEGAL CITIZENS in “good” standing, meaning NO infractions of the law. WHAT in
this statement says, “illegal immigrant” or someone who has NO GOOD standing? It seems to me, besides this “illegal immigrant”, ‘the judge lacks good standing. What are we doing putting these people in Judgeships? They shouldn’t be in charge of ANYTHING having to do with the law.
ABSOLUTELY not! First off they are illegal immigrants. This fact alone should speak volumes about how they came to be here. If they could not be bothered to enter the country legally by established protocols, how is it you can ASSUME that they will be law abiding immigrants?
The leftist liberals need a defibralator applied to their head. Maybe that will help their thinking. The USA has been on the slippery slope and downward spiral of self destruction since the 1950’s when the leftist liberals decided the USA didn’t need GOD anymore. When it was decided that abortion was ok. That it was ok to sacrifice our children to molech. And now trying to transgenderise our children. The only confusion about a childs gender is from satan himself.
Having voiced where I stand on this let me offer up a prayer.
Abba Father forgive our ignorance and willful rebellion against your precepts and your Holiness. The sins of this nation are great. Call her to repentance and a return to You. Let us your ecclessia put on the full armor of GOD to be equipped to stand firm in battle and in the spiritual warfare that is coming on strong. Let the watchman on the tower be ever alert. Let the intercessors and prayer warriors be fruitful for you glory and for your kingdom.
In Yeshuas might name Amen.
Let us use common sense If it is an illegal living in USA It seems they are to abide with lawful living and going around just firing a gun randomly should be deported. The responsibility of a judge is to the people of the community. If the illegal person cannot obey the law should be removed. Are we not educating the people coming and any normal person would understand you cannot go around and randomly fire at people is wrong. I don’t care were they are come from. I do remember a command “thou shall not kill”. I don’t understand
NO!
ABSOLUTELY NOT!!!! THIS STUFF IS GETTING DUMBER AND DUMBER!!!! What IN THE WORLD is wrong with our Leadership???!!! I think all this “recreation/medicinal MJ” is taking its toll on the brains of our Leaders and everybody is having a recreational good time!!! DUH, Brain freeze!
Father God, Forgive us, have mercy on us and wake the people up we pray in Jesus Name.
Can we surmise that “We the People” refers exclusively to persons who are lawfully resident in the USA – whether permanently or temporary AND who regard themselves as “American Citizens who by prior definition must be “Loyal to the United States of America” ?
So let me wrap my head around this one. Someone who doesn’t even belong here is shooting at cars with a gun but it’s ok for him to have a gun. This judge is either mentally disabled or was told by another party how to rule. There was a Roman saying…”Let the law be upheld though the heavens fall”. In other words, even if something is deemed “legal” it can still destroy a society. So the “law” itself can take precedence over its very purpose, which is to maintain order. This reflects disordered thinking of a nearly unfathomable degree and is an indication of a society on the verge of suicide. Globalism has infected the West like a cancer and will have to run its course until it is utterly destroyed by the return of Jesus Christ. I would again recommend Orwell’s “1984” to see a secularized version of what
is being planned by the fascistic combination of government, banks, high tech, the universities and major corporations. Only then does the complete insanity we see all around us begin to make sense.. NOT in a good way. Hold on to Jesus Christ or get swept away in a flood of diabolical insanity.
An illegal immigrant in our country has no
legal right to be given a gun. It is a violation of the
constitution.
My understanding is that the protection of all Constitutional rights applies to anyone on American soil, but not to felons and people here illegally
The legal term for “RESIDENT” does NOT mean the same as “CITIZEN”.
Persons who WANT to become a CITIZEN of these UNITED STATES does have to pass MEDICAL EXAM , has a skill/ trade to support Himself/ family, pass the
IMMAGRATION EXAM for a working knowledge of our Government and courts system, and submit to OUR LAWS and CUSTOMS to become a CITIZEN which would grant them the RIGHTS and PRIVILAGES of a U.S. CITIZEN.
The laws and constitution of the United states are made for the people of the United States and those here illegally sadly are breaking those laws and thus have only the right to be judged by that law. These judges should be held accountable for any crimes these defendants commit here forward. Should their crimes be committed with firearms, these judges should be held as accomplices to the crimes.
Father God, I pray for repentance on the part of these judges and their foolish decisions, may they seek you for wisdom and guidance in future cases they preside over. Should they refuse to change their ways, I pray you would remove them from these positions of honor. In Jesus name I pray, Amen
Illegal immigrants should absolutely not be allowed to have the right to possess a gun.
As a citizen of United States of America, we have certain rights given to us. Even as a citizen, if we violate the law we can lose some of those laws such as wrongfully discharging a gun at others. Illegal entrance into this country and not citizens does not have all the rights given to the citizens. Shooting at passing cars indiscriminately is act of violence against our citizens. He should be immediately deported, not giving him right to buy guns so he could do it again.
The invader should be tied to a wooden post next to a road with a notice requesting “Drivers” to freely discharge their firearms in his direction.
Should the invader survive 24 hours of this “Captivity” he should be released TO A NON-USA DESTINATION.
Why does this judge think illegal aliens have citizenship rights? I believe in gun rights but the Constitution governs citizens, not give nonexistent rights to those who are here illegally. And this fellow was shooting at cars? He doesn’t sound harmless to me! What if he had injured or killed someone? What a tragedy this ruling is. Father, we look to you for righteousness in our judges and your wisdom.
The premise of the question is flawed, because the illegal should not be here according to the intent of our immigration laws. If ones breaks a law in our country, they should not have rights and privileges afforded to law abiding citizens. These judges making nuanced decisions should be removed, or countered through appeal. NO to any illegal who carries a firearm in our country.
This judge, or any others for that matter have no right to override FEDERAL gun laws, period !
No to the ones that are shooting at cars and wreaking havoc on America people just because they want to. I pray that the judges to seek God on their decisions that that they make to protect the people not allow non Americans to do as they please because they don’t have the wisdom to know you don’t give criminals a right to a firearm. The law needs to be changed and remember to protect and serve with justice for Americans citizens. If not they need to be removed and allow the ones that will uphold the truth and not the ones that won’t do their job.
I trust the military man before someone else because he has been trained to see who is out to do bad.
NO, among many reasons if a veteran who served put his life on the line yet for some reason was discharged dishonorable he or she can’t possess a gun. This is blatant insanity.
Dear Lord, for decades, many ruling officials have endeavored to take away American’s 2nd Amendment right. This is a sinister ruling to allow illegal immigrants the right to own guns. Deal justly with judges & political officials who are intent on dismantling America through our legal system, & who are in lockstep with the globalist agenda of a one world government. Not only will it strip every nation of its God given identity & its sovereignty, but it will also roll out the red carpet for the Antichrist to enter the world’s stage.. America is the last bastion of hope for freedom in our world.. If America falls, so will all other free & independent nations. Jesus, all nations are Your inheritance. God, wicked ppl are trying to rob Your Son of His inheritance!
Father, You are our judge, You are our lawgiver, You are our King. Please save us! (Isa 33:22). Please reverse all nefarious rulings that glorify the evil one. Dear God, please visit every judge & government official with the fear & dread of the LORD, in the secret chamber of their hearts, the same way You did with the high priest as he entered the Holy of Holies once per year. The priest would die on the spot if they dishonored You. Reveal to our officials, that with their power comes responsibility; & that after death, then comes judgment (Heb 9:27). We look to You alone to save us, & to save & restore the grace gift You gave our founding fathers, the U.S. Constitution. Please, Father God, blanket America with the FEAR of the LORD so that we as a nation will return to You with all of our hearts.
It’s not rocket science. If a person is in the US illegally then they are not granted ANY rights under the Constitution.
Wrong
Why do you think that Richard Byrnes is wrong? Do you think illegal aliens should have citizenship rights?
Precisely Richard ! The term “OUTLAW” defines those who live “Outside of the Law” and are by definition “OUTLAWS” ! One who has never before lived “Within the law” is inherently an OUTLAW or an ALIEN without “Rights” under “The Laws” of the USA.
Given the level of insanity prevailing amongst “Lawyers” I can almost envisage a situation where an “Invading Foreign Army is greeted On the Beaches by a Horde of Lawyers presenting each and avery invader with “Representational Cards and a Flower of Happiness !”
Dear God ! What next ? !!
Immigrants coming through our borders and have not been vetted- background checks not done, should NOT be allowed to purchase guns until that process has been done. Too many innocent Americans have been injured or killed by allowing criminals into our country as unknowns. Joe Biden has failed Americans by letting any and every person cross our borders, simply for political reasons. Unacceptable to the American people.
ABSOLUTELY NO ! they are not here legally and should NOT have any rights! including owning any firearms!
Illegal immigrants should not be purchase guns in USA.
No! “illegal” immigrants are just that, illegal and should not even be in this country, let alone be allowed to carry a gun. They have no rights here, including the right to vote.
If they are illegal they have already broke the law. They don’t need to have the right to bear arms.
NO!!!! Illegal immigrants should NOT be able to purchase guns in the USA .