The federalist

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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