A busy U.S. Supreme Court declined a challenge to the federal prohibition on illegal aliens possessing weapons in the U.S. Justices also did not act on a pair of petitions dealing with the loss of gun rights by those who commit crimes that may result in over a year’s incarceration.
Without comment, the high court turned aside Carbajal-Flores v. United States last week.
Justices denied cert in a case involving illegal aliens and firearm possession
This case revolves around the federal law banning all “unlawfully present noncitizens” from possessing firearms. Heriberto Carbajal-Flores of Chicago was arrested for illegally carrying a gun during a night of social unrest in 2020.
After he was charged, a district court ruled that he did not have “the indicia of ‘dangerousness’ or disloyalty historically associated with disarmament.”
The Department of Justice appealed and received a favorable and unanimous decision from the Seventh Circuit in July. This led to Carbajal-Flores appealing to the Supreme Court and to the recent denial of cert.
This Court still has chances to weigh in on Second Amendment rights
The high court took no action in Vincent v. Bondi and Duarte v. U.S. Both are challenges to the federal ban on gun ownership by persons convicted of felonies that potentially carry a sentence of more than a year behind bars.
This controversy has bounced around lower courts, and there are multiple contradictory rulings over this contentious issue. People who have never been in trouble with the law are being stripped of gun rights for their entire lifetime over non-violent offenses.
The DOJ asked justices to deny certs in Vincent and Duarte, as a proposed rule change would enhance rights restoration for many who ran afoul of the law.
There are two more Second Amendment cases lurking for the high court to take up, but the odds may not be in their favor.
This edition of the Supreme Court has simultaneously issued landmark rulings supporting the Second Amendment and reached baffling conclusions over the right to keep and bear arms.
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