Court Ruling by Obama-Appointed Judge Permits Undocumented Immigrants to Possess Firearms
A Contentious Decision Shakes the Foundation of Second Amendment Rights
A recent judicial decision has sent shockwaves across the nation, echoing through the heart of the American value system. The ruling in question? A green light was given to ***non-citizens*** to possess firearms on American soil, courtesy of a judge appointed during the Obama era.
On a pivotal day, March 8, U.S. District Judge Sharon Johnson Coleman struck down a longstanding federal law that barred undocumented immigrants from firearm ownership, casting it aside as unconstitutional. Coleman’s interpretation leaned heavily on a recent Supreme Court judgment asserting that gun control measures must align with the nation’s historic practices.
The Roots of the Ruling
Thrown into the spotlight was the case of Heriberto Carbajal-Flores, found carrying a gun despite his illegal residency status. Judge Coleman, nonetheless, perceived no threat in Carbajal-Flores’ actions, stating that devoid of a criminal past involving weapons or violence, his right to bear arms for self-defense under the Second Amendment should remain intact.
“The Second Amendment right to bear arms in self-defense shall not be infringed.”
This sentiment clashes with the perspective that constitutional rights are a privilege of citizenship, earned and maintained within the legal framework established by a country. It raises the question: Should foreign nationals be afforded the same constitutional protections as U.S. citizens?
Interpreting “The People”
The Supreme Court, in a landmark ruling of D.C. v. Heller, clarified that ”the people” encapsulates all members of the political community. However, by this definition, foreign citizens—being part of their own sovereign nations—do not automatically qualify for these rights. The late Justice Antonin Scalia articulated that “the people” refers to those with a substantive link to the community, a connection illegal immigrants typically lack.
Legal analyst Kostas Moros weighed in, emphasizing the lack of a ”sufficient connection” with the country for those unlawfully entering. Echoing this view was a prior case from the Fourth Circuit, which solidified the stance that illegal presence inherently excludes one from Second Amendment protections.
The Historical Context of Disarmament
Pivotal in this discourse is the consideration of who historically fell under the jurisdiction of firearm laws. Moros highlights past regulations targeting specific non-citizen groups, linking the prerogative to disarm with political community standing, not modern legal classifications.
Historic laws tell tales of exclusion, like the 1763 Pennsylvania edict disarming Native Americans, a group then not recognized as U.S. citizens. Similarly, a 1798 Kentucky law forbade people of color from bearing arms, a stark reminder of the fraught relationship between citizenship and rights.
Setting a Precedent: The Impact on Local Enforcement
The ripple effect of such a ruling is already visible. The Los Angeles Police Department’s move to enlist DACA recipients—individuals whose illegal entry status cannot be factually corroborated—potentially allows them authority over legal citizens, including decisions on arms possession.
It’s a quandary that begs scrutiny—how the fabric of constitutional rights interfaces with evolving societal norms, and where the line should be drawn in extending those sacred rights.
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