In a ruling that had both proponents and opponents of the Second Amendment do a curious double take, a federal judge has ruled that an illegal immigrant was wrongly banned from possessing firearms.
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 rights violated when prosecutors originally charged him with 18 USC § 922, which bars illegal immigrants from carrying guns or ammunition.
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“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Coleman wrote in her ruling.
“Thus, the court grants Carbajal-Flores’ motion to dismiss.”
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