A judge has ruled that illegal aliens have Second Amendment rights, because some British loyalists were once granted gun rights.
The illegal alien, Heriberto Carbajal-Flores, who had been convicted of unlawfully possessing a firearm, won his third appeal, as Newsmax explains:
“U.S. District Judge Sharon Johnson Coleman ruled on March 8 that the defendant, Heriberto Carbajal-Flores, who is residing in the United States illegally, had his Second Amendment right’s violated when prosecutors originally charged him with 18 U.S.C § 922, which bars illegal immigrants from carrying guns or ammunition.”
Carbajal-Flores had a semi-automatic firearm in his possession.
Using historical legal reasoning that allowed certain British loyalists to own firearms following the American Revolutionary War, Judge Coleman ruled that Carbajal-Flores has Second Amendment rights:
“This exception necessarily requires an individualized assessment to determine if the former British loyalist is so ‘untrustworthy’ or ‘dangerous’ that they should be barred from possessing a weapon.
“The Court also determined that based on the government’s historical analogue, where exceptions were made that allowed formerly ‘untrustworthy’ British loyalists to possess weapons, the individuals who fell within the exception were determined to be non-violent during their individual assessments, permitting them to carry firearms.
“While the analysis in Griffin was in the context of felons in possession of firearms, the Court finds that the identical government arguments and analogies are equally applicable to noncitizens unlawfully present in the country.
“Thus, to the extent the exception shows that some British loyalists were permitted to carry firearms despite the general prohibition, the Court interprets this history as supporting an individualized assessment for Section 922(g)(5) as this Court previously found with Section 922(g)(1).”
Despite breaking U.S. immigration law, Carbajal-Flores has gun rights, because he hasn’t been convicted of a serious enough crime, is “trustworthy” and poses no threat to society, Judge Cannon ruled.
Carbajal-Flores isn’t a threat, because he claims that he bought the firearm for protection during the Georg Floyd riots of 2020, Judge Coleman ruled:
“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.”
Carbajal-Flores is also trustworthy, because he has obeyed the conditions of his release, pending his deportation trial, and is employed, Judge Coleman ruled:
“Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants.”