US v. Carbajal-Flores, Case No. 20-cr-00613, from the Northern District of Illinois, Eastern Division has been released on March 8, 2024, and it's a fascinating case for legal nerds. The defendant, an illegal immigrant, was charged with violating 18 U.S.C. §922(g)(5), for possession of a firearm.
In her analysis, Judge Coleman uses the 2022 Supreme Court Bruen decision and the 2023 7th Cir. Court Atkinson decision to address constitutional questions concerning the Second Amendment as applied to illegal immigrants. Are non-American citizens illegally in the US part of 'the People" whom the Second Amendment protects?
Despite the controversy, I would argue that Judge Coleman was correct in her application of Bruen to Carbajal-Flores' case. The Second Amendment as a right pre-exists the Constitution and applies to all mankind, including the accused.
While some have raised interesting commentary on the arming of foreign armies on US soil, it's important to note that Carbajal-Flores was not a member of any invading army. His legal status for remaining in the US is a different consideration.
To read the full decision, check out the link below.
Congratulations to all!