The Second Amendment protects people’s ability to own a gun even if they’ve entered the country illegally.
That’s the ruling handed down by US District Judge Sharon Johnson Coleman on Friday. She found the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores. She ruled the ban did not fit with America’s historical tradition of gun regulation as required under the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote in US v. Carbajal-Flores. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”
The ruling is the latest fallout from the new standard for Second Amendment cases set in Bruen. Since the landmark case was decided in 2022, a wide swath of state and federal gun restrictions have come under increased scrutiny in the courts. Among the most commonly recurring questions raised by the new standard is who can be barred from owning guns, and the Carbajal-Flores case is among the first to examine whether people who entered the country illegally are among them.
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