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Authored by Zachary Stieber via The Epoch Times,

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.

Lawyers for Mr. Carbajal-Flores had argued in the most recent motion to dismiss that the government could not show that the law in question was “part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”

In 2022, the Supreme Court determined that the U.S. Constitution’s Second Amendment “presumptively protects” conduct that is covered by the amendment’s “plain text.”

To justify regulations, governments must show that each regulation “is consistent with this nation’s historical tradition of firearm regulation,” the high court said at the time. “Only if a firearm regulation is consistent with this nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command,’” it said.

They pointed to several rulings interpreting the Supreme Court’s decision, including an appeals court ruling that declared stripping a man convicted of a nonviolent crime of his gun rights was unconstitutional.

The government opposed the motion, noting that neither of the cited decisions applied to illegal immigrants and that the defendant ignored other rulings that did, including a 2023 ruling that found that Second Amendment rights aren’t afforded to illegal immigrants. The government also offered examples of laws that prohibited certain categories of people from carrying guns, including “individuals who threatened the social order through their untrustworthy adherence to the rule of law.”

But Judge Coleman ruled for the defendant, finding that the laws against untrustworthy people contained exceptions for people who signed loyalty oaths and were deemed nonviolent.

An attorney representing Mr. Carbajal-Flores declined to comment. Federal prosecutors didn’t respond to a request for comment.

Reactions

The ruling drew a range of reactions from people in the legal community.

Kostas Moros, a lawyer who represents the California Rifle and Pistol Association, said that he also saw the issue that way.

Matthew Larosiere, another lawyer, disagreed, writing in an analysis that all immigrants, even ones in the country illegally, are part of “the people” in the Second Amendment. His argument rested in part on the 14th Amendment, which applies to “any person within” the country.

“To find that illegal immigrants are outside of ’the people‘ protected by the Second Amendment, you must believe that the Framers were talking about a different ’people' in the First, Fourth, Ninth, and Tenth Amendments,” he wrote, adding later that he sided with the court in finding differences between historical laws such as the one that barred loyalists from owning guns and the law that applies to illegal immigrants.