Undocumented Immigrants Have Right to Own Guns, Judge Rules

This month, a judge in Illinois dropped all charges of gun possession against an illegal immigrant. The decision sparked a new debate on the Second Amendment rights.

U.S. District Judge Sharon Coleman of Northern District of Illinois cited lower court rulings when dismissing firearm charges against Heriberto Carajal-Flores. Carbajal was in the United States illegally or unlawfully on June 1, 2020, and possessed a pistol in the Little Village area of Chicago.

The Court found that Carbajal Flores’ criminal history, which did not include any improper use of weapons, and the non-violent circumstances surrounding his arrest, do not support finding that he is a threat to public safety, such that he can’t be trusted to handle a firearm responsibly, and that his Second Amendment rights to bear arms for self-defense should be taken away,” Coleman wrote in an eight-page decision filed on March 8.

Carbajal Flores was charged in Title 18 of the U.S. Criminal Code. This law prohibits individuals without documentation from possessing firearms or ammunition, “or receiving any firearms or ammunition that has been shipped or transported in interstate or international commerce”.


The defendant has never been convicted for a felony or violent crime, nor a crime that involved the use of weapons. He claimed the firearm had been used in self-defense to protect property and himself “during documented civil unrest”.

The protests were widespread across the country after the death of George Floyd on May 25, by Minneapolis Police Officer Derek Chauvin. Chauvin was sentenced to 21-years in prison.

Carbajal Flores has “consistently adhered to all of the conditions stipulated for his release,” according to the ruling. It also states that he’s employed, and there are no outstanding warrants or new arrests.

Carbajal Flores’s motions to dismiss the charges were previously denied by the court. First, on April 13, 2022, then on December 19, 2022. This was about six months after the U.S. Supreme Court voted 6-3 in favor of striking down a century-old New York Law requiring individuals to show “proper reason” before they can get a permit to carry a gun outside their home. The ruling stemmed from the 2022 decision in New York State Rifle & Pistol Association, Inc. et. al v. Bruen, superintendent of New York State Police

The New York State Rifle & Pistol Association, gun owners Brandon Koch and Robert Nash and the New York State Rifle & Pistol Association challenged the ruling.

Clarence Thomas, in the majority opinion of the court, wrote: “We hold that the Constitution presumes to protect an individual’s behavior when the plain text of the Second Amendment covers that conduct.” To justify its regulation, government cannot simply claim that it promotes a significant interest. The government must instead demonstrate that its regulation is in line with the nation’s long-standing tradition of firearm regulations.

The U.S. Supreme Court in May 2023 ruled against gun control advocates and the ban in Illinois on semiautomatic weapons and the sale of new firearms.

The National Association for Gun Rights made the request in response to Illinois Gov. J.B. Pritzker signing legislation enacting a statewide prohibition on “assault style” weapons including limitations on magazine capacity.

Political commentator Jay Oliver wrote to Newsweek that illegal immigrants cannot own any firearms, regardless of the type. There is a duty on the part of gun store owners to indemnify anyone who is trying to get weaponry by cutting corners.

We have unfortunately seen far too many cases where innocent people are killed because of the progressive nature and attitudes of those who control courts and opinions.