The longstanding rule that those in the United States illegally may not possess weapons was struck down by a federal court last week.

U.S. District Judge Sharon Johnson Coleman ruled last Friday that the federal law prohibiting Heriberto Carbajal-Flores from owning a firearm was unconstitutional. She used 2022’s landmark Supreme Court Bruen decision to determine that such a prohibition did not align with the nation’s tradition of gun laws.

This is just the latest in a long sequence of federal and state statutes that are under scrutiny after Bruen clarified the application of the Second Amendment. In U.S. v. Carbajal-Flores, Coleman came down on the side of expanded gun rights.

Interestingly, she found the same ban on gun ownership for illegal immigrants constitutional in April 2022. This, however, came mere weeks before the Bruen decision, and with that ruling Coleman agreed to reconsider the previous case.

Her decision to reconsider was also influenced by federal appeals court rulings in the Third and Seventh Circuits that considered the legality of permanently banning firearm ownership for those convicted of non-violent crimes.

Coleman wrote that the defendant was never convicted of a felony, violent crime or a crime involving a weapon. Carbajal-Flores told the court he obtained the firearm during civil unrest in early 2020 for self-defense. 

The defendant had abided by the terms of his release, was employed and had no new warrants or arrests.

The Department of Justice presented claims that the ban on illegal immigrants owning firearms is grounded in the nation’s history. It cited the historical prohibition on Loyalists possessing weapons during the Founding Era.

Coleman disagreed, writing that exceptions were included in that ban indicating that it was carried out on an individual basis.

She said that no reason was presented to believe that Carbajal-Flores posed a danger to public safety “such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment rights.” 

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