The Second Amendment of the U.S. Constitution states "the right of the people to keep and bear Arms, shall not be infringed." (iStock)
In this case, U.S. v. Carbajal-Flores, the court considered whether people who enter the country illegally can be banned from owning firearms.
Carbajal-Flores is an illegal immigrant who, on June 1, 2020, was found to be in possession of a handgun in the Little Village neighborhood of Chicago. He was subsequently charged with violating a federal law that prohibits any noncitizen who is not legally authorized to be in the U.S. from "possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."
In an April 2022 decision, Coleman denied Carbajal-Flores' first motion to dismiss his indictment, finding that the ban was constitutional. However, Carbajal-Flores asked the court to reconsider that ruling following the Supreme Court's decision in Bruen and appellate decisions in the Third and Seventh Circuit that considered whether people convicted of non-violent crimes can be prohibited from possessing firearms.
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A federal judge in Illinois has ruled that the Second Amendment protects the gun rights of illegal immigrants. (Kyle Grillot/Bloomberg via Getty Images)
"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," Judge Coleman wrote. "Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional."
The ruling has divided gun rights activists, with some arguing that noncitizens should not have rights protected by the Constitution.
Erich Pratt, senior vice president of Gun Owners of America (GOA), told Fox News Digital his group "has historically recognized the dangers unchecked illegal immigration presents, chiefly of which is a serious potential to swing the balance of power into the hands of anti-gun politicians."
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Pratt reiterated GOA does not support amnesty for illegal immigrants.
"In this underlying ruling, the Second Amendment community undoubtedly has mixed feelings, because while illegal aliens are most certainly not part of 'the People,' everyone has a God-given right to defend themselves against violent acts like rape and murder," he said.
"Of course, the courts wouldn't have to decide this question if Joe Biden and the Democratic Party would simply secure our borders."
Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him on Twitter @ChrisCPandolfo.
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