A judge this month dismissed gun charges against an undocumented immigrant in Illinois, igniting additional debate about the rights linked to the Second Amendment.
This comes just as a federal appeals court ruled on Monday that criminal defendants can be stripped of their right to handle firearms, affirming a ruling from a lower court.
U.S. District Court Judge Coleman cited previous lower court decisions as she dismissed firearm possession charges against Heriberto Carbajal-Flores. Carbajal-Flores was found to be unlawfully present in the United States when he was in possession of a handgun in Chicago's Little Village neighborhood in June 2020.
Carbajal-Flores faced charges under Title 18 of the U.S. Criminal Code, which prohibits undocumented individuals from possessing firearms and ammunition. This law also prohibits them from receiving any firearm or ammunition that has been transported in interstate or foreign commerce.
The court had previously rejected two motions by Carbajal-Flores to dismiss the charges. Notably, the second denial came approximately six months after the U.S. Supreme Court's 6-3 decision to invalidate a century-old New York law mandating individuals to demonstrate “proper cause” to obtain a permit for carrying a firearm outside their home, a ruling stemming from a 2022 case.
The ruling was brought before the higher court after being contested by the New York State Rifle & Pistol Association, alongside gun owners Brandon Koch and Robert Nash.
