Federal gun ban upheld in George Floyd rioting-related case involving noncitizen in Chicago

[1srelluc]

Federal gun ban upheld in George Floyd rioting-related case involving noncitizen in Chicago

Heriberto Carbajal-Flores was arrested by Chicago police officers after he allegedly shot at a car in 2020 in Little Village.

chicago.suntimes.com

Federal officials didn’t violate the Constitution when they enforced a gun ban against an immigrant without legal status from Mexico, the U.S. appeals court in Chicago decided earlier this month.

U.S. District Judge Sharon Johnson Coleman had dismissed an indictment against Heriberto Carbajal-Flores last year when she found the law he was charged with violated the Second Amendment’s right to bear arms. But the U.S. 7th Circuit Court of Appeals reversed Coleman’s ruling on July 16 and sent the case back to her for reconsideration.

Carbajal-Flores, 33, was arrested by Chicago police officers after he allegedly fired seven shots at a passing car on June 1, 2020, in Little Village during looting related to protests over George Floyd’s killing by a police officer in Minnesota.

The gunfire, which apparently didn’t hit anyone, was captured on a Chicago police surveillance camera.

Carbajal-Flores has portrayed himself as a protector of his neighborhood, saying he was merely firing warning shots toward people he believed looted a Little Village store, but federal prosecutors say he fired his weapon indiscriminately and without provocation.

Coleman twice refused to dismiss the case against Carbajal-Flores but ended up throwing it out because of the Supreme Court’s 2022 ruling in a gun-rights case called New York State Rifle & Pistol Association v. Bruen.

Coleman reasoned that under the historical underpinnings of the controversial Bruen decision, Congress may disarm only “untrustworthy or dangerous illegal aliens.” She found Carbajal-Flores was trustworthy because he was employed and didn’t have any felony convictions.

I don't know about this one given illegals are a protected class in certain areas of the country now.

I suspect a US citizen would have been charged with attempted murder.

 

[Mack The Finger]

He is only trying to feed his family.

 

[1srelluc]

Not just that but Egypt and Jordan expelled them thats why we have Gaza and the West Bank. The West Bank Arabs are in fact Jordanians expelled by King Hussein after they tried to depose him violently. The UN created Trans Jordan as the homeland of the so called Palestinians. They were so violent that they had to expelled.

Wrong thread?...Nothing to do with the subject matter dude.

 

[Mack The Finger]

Wrong thread?...Nothing to do with the subject matter dude.

My post was the line LIBs love to say...when illegals get nabbed.

 

[1srelluc]

My post was the line LIBs love to say...when illegals get nabbed.

I was referring to Hafar.

 

[Hafar1014]

I was referring to Hafar.

Dont know how tis happened Ill delete it

 

[Seth]

I don't know about this one given illegals are a protected class in certain areas of the country now.

I suspect a US citizen would have been charged with attempted murder.

That frustration is understandable—people are tired of seeing what feels like double standards. But just to clarify, undocumented immigrants aren’t legally considered a “protected class,” and the charge here wasn’t dismissed because he got special treatment—it was challenged because of his immigration status. The court didn’t say he had the right to a gun, only that the lower court needed to reevaluate using the proper legal standard. Still, I appreciate you posting this—it’s a sharp reminder of why clear laws and secure borders matter.

 

[Mack The Finger]

I was referring to Hafar.

Did you think I was LIB for a second ?

Speaking of guns...when I lived in DC this congressmen shot a intruder on his property.

His platform was really anti-2nd amendment and DC had the strictest gun laws in the land.

His gun was not registered as required and they put another charge on him to...now ain't that just like a DEM ?

 

[Twisted Gypsy Child]

Dont know how tis happened Ill delete it

happened to me yesterday.

 

[Failzero]

There are Prohibited Persons when it comes to 2A / RTBA , get over it .