Republicans argue that the Firearm Owner’s Identification (FOID) should be revoked if illegal immigrants have access to guns
Illinois House Republicans React to Federal Judge’s Ruling on Illegal Immigrants and Firearms
Earlier this month, Northern District of Illinois federal Judge Sharon Johnson Coleman made a controversial ruling in favor of Heriberto Carbajal-Flores, an undocumented immigrant charged with unlawful possession of a firearm. The judge argued that the law violated the Second Amendment rights of Carbajal-Flores in this particular case.
“The Court finds that Carbajal-Flores’ criminal record, containing no improper use of a weapon, as well as the non-violent circumstances of his arrest do not support a finding that he poses a risk to public safety such that he cannot be trusted to use a weapon responsibly and should be deprived of his Second Amendment right to bear arms in self-defense,”
State Rep. Dan Caulkins, R-Decatur, raised concerns about the absence of responses from local law enforcement, the Illinois Attorney General, or gun control advocates regarding this case. On the House Floor, Caulkins applauded the ruling and suggested that it could signal the end of Illinois’ Firearm Owners ID card requirement.
“Why shouldn’t gun owners across the state cut up our FOID cards and be able to buy guns out of state with no worry?” Caulkins questioned. “If a person who is not legally in this state can have his constitutional rights, so can the rest of us.”
Illinois State Police have stated that individuals applying for a FOID card must confirm that they are “not an alien who is unlawfully present in the United States.”
State Rep. John Cabello expressed support for the possibility of the FOID card being deemed invalid under such circumstances, but stressed the importance of ensuring the safety of citizens.
Cabello introduced House Bill 5790, aimed at preventing illegal immigrants from serving in law enforcement roles and detaining legal citizens.
Last year, a law was passed allowing individuals authorized to work in the U.S. under federal law, including those under DACA, to obtain firearms. Cabello, who supported the previous law, believes that HB5790 provides additional clarity and protection for citizens.
“We got a little nervous about what [the judge] might do next, so we filed a bill to make sure that cannot happen,” Cabello emphasized. “We cannot in any way shape or form have a non-citizen of the United States arrest citizens of the United States.”
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