This was due to the high court’s ruling in the recent United States v. Rahimi decision.
In June, justices by an overwhelming 8-1 vote upheld the federal ban on gun possession for those who are subject to domestic violence restraining orders. According to CNN, Chief Justice John Roberts said that the majority quickly reached the nearly unanimous consensus on the ruling.
Some in the gun rights movement wondered about the effect of the Supreme Court’s take on the constitutionality of gun control laws, and apparently Washington also shared those concerns.
It was March when U.S. District Judge Sharon Johnson Coleman determined that the federal ban on illegal immigrants possessing weapons was unconstitutional. The Illinois jurist ruled that, while the prohibition itself withstood constitutional scrutiny, it did not meet the criteria established in the Bruen decision for being rooted in the historical tradition of firearm regulation.
The case of U.S. v. Carbajal-Flores stemmed from the illegal immigrant’s arrest in Chicago in 2020 on charges of not having legal status and being in possession of a firearm. Coleman initially denied his first motion to dismiss the indictment, determining that the federal law was constitutional.
But Carbajal-Flores requested that the court look at his case again after the Bruen decision.
Coleman then determined that the Constitution’s “plain text” safeguards “firearms possession by undocumented persons.”
Erich Pratt is senior vice president of Gun Owners of America (GOA). He told Fox News Digital that his Second Amendment organization does not support granting gun rights to those in the country illegally. Even so, he acknowledged that the gun rights community respects the freedom of every person to defend themselves from violent attacks.
This issue appears to be far from decided.
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