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Judge Rules Illegal Migrants are Protected by Second Amendment

22-3-2024 < SGT Report 12 622 words
 

by Martin Armstrong, Armstrong Economics:



The US government simply hates its citizens at this point and deliberately wants the nation to live in fear. The same people who persistently vote to prohibit American citizens from exercising their Second Amendment right to bear arms have ruled that illegal migrants may carry firearms. A US District Court judge became one of the first to rule that the US Constitution protects undocumented illegals rather than legal citizens.


District Judge Sharon Johnson Coleman, appointed by former President Obama in 2010, has a long history of siding with criminals over law-abiding citizens. She, like many other judges, has been installed to ensure civil unrest will continue. Americans must go through a background check process to obtain a firearm and are restricted from carrying based on individual state laws. Undocumented migrants have no paper trail or background to check.


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Coleman based her decision New York State Rifle & Pistol Association v. Bruen in which an illegal migrant was charged for illegally possessing a semi-automatic pistol. His case was dismissed twice before it was presented to Coleman, who deemed his actions acceptable. Title 18 of U.S. Criminal Code strictly forbids illegal immigrants from possessing firearms on US soil.


8 U.S. Code § 1325 – Improper entry by alien


(a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b)Improper time or place; civil penalties

Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.

Judge Coleman acknowledged Title 18 but said that there were “exceptions.”


“Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” the judge wrote. “Thus, this Court finds that, as applied to Carbajal-Flores,[Title 18] is unconstitutional.”


Carbajal-Flores was illegally in America and, therefore, illegally in possession of a firearm based on the laws provided within the US Constitution. This would be a felony with a prison sentence for an American citizen. Instead, Judge Coleman determined that illegal migrants should have the ability to carry weapons. Her reasoning?


“[C]arbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” Coleman added. “Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants.”


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