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Wednesday, March 20, 2024

Gun Ban for Non-Violent Illegal Immigrant Found Unconstitutional

The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.

That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.

31 comments:


  1. It'll probably apply to a home grown burglar with 60 prior felonies too.

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  2. The judge may be right with that framing but I think she's being disingenuous. Pretty much everyone in colonial times had a gun. However, she should be challenged -and hopefully reversed- because of the criminal status. Nice try, though. And probably irrelevant in practice, as which illegal is going to bother with a no guns law? They've ALREADY broken the law, one more won't have much impact.

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  3. Would love to see the 4473 for that purchase

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    1. If they don't need one, why do I?

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    2. Because you have connections and money. S.S., taxes you file,real estate you own...etc.
      Illegal aliens don't have money, or numbers the IRS can track. They don't know who they are letting into the country...
      No money, not worth prosecuting, but you have what the government wants.

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  4. i'm having trouble understanding how people who enter our country illegally can enjoy the rights an privleges of our constitution. It's a simple fix, just make entering illegally a felony!

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    1. They also enjoy all the bennies, courtesy of your tax dollar. At some point on the curve, the parasite overpowers the host, and the host withers away, perhaps unalived. The parasite, unconcerned, moves on to the next host. Think Ouroubos. At some point, there will be no additional host, and the whole mess collapses into iron-age barbarity. That is the future that pathological liberalism demands.

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    2. Don't be a hater they say. "the rights an privleges of our constitution" are for the whole world, along with all the tax $'s seized from the actual citizens (free range tax livestock) working legally on the books. FJB and fuck every single person that voted for him. With rusty garden tools.

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    3. Done! Any other requests. /sarc/

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    4. And stipulate a mandatory minimum sentence of death.

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  5. Allowing an admitted felon(illegally in the country) to purchase firearms legally in the USA also voids all of the laws that bar convicted felons from owning firearms! Great job judgy-wudgy! You've just voided a whole passel of existing "gun" laws!! You can bet she's a dummyrat!
    irontomflint

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  6. 8 U.S. Code § 1325 - Improper entry by alien - This is the law that shows just entering the USA illegally is in facta felony.
    irontomflint

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  7. This works just fine for me.
    Time to knock that fucking bullshit the NRA supported back in ‘34 down as well. (Yes and the rest of the garbage that followed)

    TMF Bert

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  8. The left wants to take MY guns away, and give them to illegals?
    Interesting.

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  9. Pretty sure the stage is being set to establish legal precedent to allow arming of illegals as law enforcement officers. YMMV...

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  10. Copied from a comment on legalinsurrection blog -

    --------------------
    An Illinois judge just ruled than an illegal can legally carry an illegally obtained firearm.

    Background check required? Yes for citizens, no for for illegals

    Must purchase from a licensed firearms dealer? Yes for citizens, no for illegals

    Can felons possess a firearm? No for citizens, yes for illegals

    Paperwork required for citizens? Yes for citizens, no for illegals (undocumented means no documents required, duh!)
    -----------------------------

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  11. Yeah Wisco beat me to it. This is all about arming illegal alien LEOs.

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  12. If we actually look at what the 2nd Ammendment says there's no provision for banning firearms to anyone..... Nothing about citizenship, arrest records, red flag laws or any of the other bullshit that has been written into law since the signing of the Constitution...
    Do I want illegal assholes having firearms, no not really but I am more interested in abolishing every part of the NFA and everything else related to it so.... good with the bad
    JD

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    1. Firearms are not mentioned in the 2A.
      The 2A does not grant the right, it protects an already existing (natural) right.
      The 2A, as a section of the U.S. Constitution and basis of all U.S. law, applies to U.S. citizens only.
      The illegal alien is not afforded the rights and privileges of the U.S. Constitution. If were not so, then illegal entry into the U.S. can not be unlawful. Also, any law forbidding illegal entry becomes void.

      U.S. citizens convicted of a felony may have their Constitutionally protected rights prohibited them.
      How then can an illegal alien who is not a U.S. citizen be esteemed by the law rights and privileges prohibited to certain U.S. citizens?

      This judgy wudgy should be dragged out of chambers to be hanged by a spike driven through the heel. As an encouragerment to other likeminded despots.

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    2. You show me where it says what you wrote.
      I'm against illegal aliens and want them deported as much as the next guy but a study of American history shows that there was no waiting periods for purchase, possession or use of firearms as to citizenship or status. Nothing like any of that is mentioned.
      JD

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  13. Seems like every legal decision is in favor of illegal immigrants, yet the citizen tax payer is punished. What is going on? I’m sick and tired of the “new arrivals” having all the perks.

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    1. The Founders warned us.
      Eisenhower warned us. Dan Smoot, Paul Harvey, and a host of others warned us. Aleksandr Solzhenitsyn warned us. Yuri Bezenov warned us.

      Yet still, while watching with our own eyes America the beautiful come undone, we do nothing.

      All this carping about the real meaning of the 2A and whether you have enough ammo amounts to nothing. You might as well use your rifles as bats at the cricket match.

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  14. For me the kicker is this happened in chicago. You need a permit to have a gun. The illegal not having a permit is like any other criminal having a gun without a permit. If this happened in texas where you do no need a permit for a gun, then I could see this case. But saying illegals do not need a permit is bizarre. She is democrat supreme court material.

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  15. They should charge him with possession of a weapon without a permit, then. The ruling said nothing whatsoever about the illegal somehow not needing a permit, assuming said permitting process is constitutional. Likewise, passing a background check, same stipulation.

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    1. How is Jose il-legal going to pass a background check? Surely any NICS check is going to come back with 'detain for ICS.'

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  16. This is a federal case, not a state case. He could still be brought up on all sorts of state and local charges, such as not having a FOID card for the gun or the ammunition, and no concealed carry permit. The big trick is applying the law equally to everyone, as many above have noted.

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  17. Dear Lord... simple. If you are not a lawful, legal citizen; then the rights of a citizen do not exist for you. If you have entered the country illegally, you must be prosecuted and removed.
    This shit is so fucking simple it's retarded.
    Time to fish or cut bait.

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  18. had a guy working for us, turns out his docs were fake, but that s.o.b. cleared a background check to work on a job at a jail.. with fraudulent docs!
    the kick in the ass was a few of the reg joe American types were rejected! born n raised Americans with no criminal history or very old misdemeanor infractions!

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  19. I am AMAZED at the number of judges that DO NOT understand the laws they are charged with upholding.....
    NON CITZENS DO NOT HAVE CONSTITUTIONAL RIGHTS!!!!!!
    End of discussion, kick their ass back over the border. You sure as fuck don't give them the right to carry guns!
    Like the dumb monkey on the supreme court arguing the 1st Ammendment may seriously hamstring the governments ability to censor it's citizens. As if that wasn't the very purpose of the text! Demonstrably ignorant of the Constitution she swore and oath to defend and uphold, she should be immediately removed from the court and disbarred for having willfully disavowed her oath to the Constitution.
    Then take her down the street, tar and feather her, and hang her corpse up by it's neck for all the world to see! This is what happens to traitors!

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  20. This comment has been removed by a blog administrator.

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