One of the things I keep reading, and I want to clarify:
No attribution because this, or versions of it, have been seen throughout the Internet.
Judge Coleman’s ruling does not apply to “illegal Immigrants”, “illegal aliens”, “green card holders”, “permanent residents”, or “citizens”. It ONLY applies to Mr. Carbajal-Flores.
But let’s compare this to the Rahimi case. Mr. Rahimi is a nasty, evil, no good, piece of shit. He is a bad guy.
His case is before the Supreme Court. They will be issuing an opinion on §922(g)(8).
The Fifth Circuit says that it does violate the Constitution, The state disagrees.
Do I want bad guys with violent tendencies running around with guns? No!
Will Rahimi get out of jail and be free to roam the streets with firearms if the Supreme Court rules in his favor?
No. He will not.
Mr. Rahimi is in jail for the things he did, outside possessing a firearm, while under a domestic-violence restraining order.
The federal count of §922(g)(8) was one of many counts brought against Mr. Rahimi. He is not getting out of jail anytime soon.
Mr. Carbajal-Flores is in the same situation. He is an illegal alien, in Chicago, doing bad things.
Mr. Carbajal-Flores entered the United States, illegally, in or before 2002. In June 2020, he was hanging around the front of a business when he claims he was handed a firearm by a 3rd party. The group of men loitering in front of the business claim to be an “impromptu neighborhood watch”.
He claims that he witnessed four vehicles drive past the business yelling threats and pointing guns at the “neighborhood watch”.
Then, at 2306, he pulled the gun and fired seven rounds at a car which he claimed had swerved to strike one of the members of the “watch”. At 2340, he pulled the gun again, fired repeatedly at a different vehicle, but the gun had malfunctioned and no rounds were actually fired.
Shortly after that, he was arrested by the police.
After arrest, he was found to be an illegal alien.
He was handed over to ICE. An indictment was issued via grand jury. The court issued a warrant for his arrest. He “self-surrendered”. Bail was set at $4,500 and he was released on house arrest. That was later modified to allow him to continue to go to work.
After Bruen issued, he filed a motion to dismiss on an as applied Second Amendment Challenge to §922(g)5.
When Judge Coleman issued her memorandum and order in December 2022, she faithfully followed —United States V. Mariano a. Meza-Rodriguez, 798 F.3d 664 (7th Cir. 2015) which is Seventh Circuit court case law extending Second Amendment protections to illegal aliens as part of The People.
The Seventh Circuit then said that under means-end, the state could deny Second Amendment protected rights to illegal aliens.
Judge Coleman just followed along.
In 2024, she reheard the request for dismissal. Using text, history, and tradition, found that the Second Amendment did protect the rights of illegal aliens to possess arms, AS APPLIED TO MR. CARBAJAL-FLORES
This case was never about whether he was a member of “The People”. It was always about means-end balancing.
Regardless, Mr. Carbajal-Flores violated multiple statutes. Having a gun was the easy one to prove. They have video evidence of him shooting at a car. They have video evidence of him trying to shoot a different car. Both of those are crimes.
He should be in jail for attempted murder. I don’t care if he thought the car was swerving to strike somebody, at the time he was shooting, the car was already leaving.
After he gets out of jail for attempted murder, his ass should be deported.
§922(g) is an evil statute. It should be removed.
If you are not moral enough to be carrying arms, you are not moral enough to be free of incarceration.
If you are locked up, you still have the right to keep and bear arms. You are being denied that right.
Once you are released, you still have the right to keep and bear arms.
If the state things that after being released you should still be denied your rights, then they should have kept you incarcerated.
Off the sandbox.
THANK YOU to everybody who joined in yesterday’s discussion.
How about we just deport him and save some taxpayer money on his care and feeding?