US Second Amendment explored as Illinois Judge Sharon Johnson Coleman rules that Constitution protects illegal immigrants' rights to own guns

A federal judge from Illinois, Sharon Johnson Coleman, ruled that the prohibition on illegal immigrants owning and keeping firearms is unconstitutional. The case in question involved defendant Heriberto Carbajal-Flores.

For the unversed, an illegal immigrant called Carbajal-Flores was charged under Title 18 of the US Criminal Code, a measure that disapproved him of possessing firearms. He was arrested in 2020 after being caught while carrying a gun by a few officers.

In her ruling, U.S. District Judge Sharon stated that Flores had no criminal history, and hence, the public did not have any criminal danger from him. In her decision, Coleman stated:

“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. Thus, this Court finds that, as applied to Carbajal-Flores, [Title 18] is unconstitutional.”

Coleman also stated that there was no “improper use” of the weapon on Carbajal-Flores' end, and hence, she said:

"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.”

According to the official Congress website, the Second Amendment to the United States Constitution reads:

“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

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More details about the Second Amendment explored as the judge dismisses the immigrant’s charges

After Judge Coleman dismissed the charges against Flores, she mentioned how the charges violated the Second Amendment of the US Constitution, as it gives the right to Americans to keep and bear arms. This Amendment restricts government officials from prohibiting the people of America from using firearms and guns, if licensed.

The official website - constitution.congress.gov - also mentioned that many courts had received appeals for the Amendment in the 21st century. The website states:

“In the 2008 case District of Columbia v. Heller, the Supreme Court held, after a lengthy historical analysis, that the Second Amendment protects an individual right to possess firearms for historically lawful purposes, including self-defense in the home.”

On June 1, 2020, the police arrested Flores from Chicago, Illinois after he was found with a handgun in the Little Village neighbourhood. At the time of his arrest, he stated that he kept the gun only for "self-defence."

On the other hand, as soon as the news about the judge dismissing Flores’ charges came out, netizens were left divided. Many applauded the judge, while others highlighted the risks of gun possession.

As of now, neither Judge Sharon Johnson Coleman nor the illegal immigrant, Heriberto Carbajal-Flores has spoken up on the comments of the masses.