On March 8, 2024, U.S. District Judge Sharon Johnson Coleman ruled against a federal ban on gun ownership for illegal immigrant Heriberto Carbajal-Flores.
The case revolved around Carbajal-Flores, who was charged with possessing a firearm while being illegally or unlawfully present in the United States.
Despite two previous unsuccessful attempts to have his indictment removed, a decision in the United States Court of Appeals for the Seventh Circuit and the Supreme Court's Bruen (2022) decision led to a different outcome.
Coleman, an appointee of Barack Obama, countered government arguments by highlighting that Carbajal-Flores had no prior convictions for felonies, violent crimes, or crimes involving weapons.
She noted that he claimed to have used the handgun solely for self-protection and protection of property during a period of civil unrest in 2020. Ultimately, Coleman concluded that the statute barring noncitizens from possessing firearms violated Carbajal-Flores' Second Amendment rights and granted his motion to dismiss.
The case is known as United States v. Carbajal-Flores, No. 1:20-cr-00613 in the U.S. District Court for the Northern District of Illinois.
Click here to read the complete case file.
Courts continue to evaluate the right to bear arms and who is responsible for illegal acts committed with guns. In Washington earlier this month, a federal judge rejected a challenge to a law allowing lawsuits against gun makers if their weapons are used improperly.
A suspect in a Maryland shooting that killed a 2-year-old last month was in the country illegally and had prior detainments, according to U.S. Immigration and Customs Enforcement.
