Biden Admin Turns to Judge Over Migrant Gun Ruling

( – The Biden administration is seemingly concerned about the optics of a recent ruling from an Illinois court stating that illegal immigrants can legally possess firearms under the Second Amendment.

Judge Sharon Coleman ruled in March that illegals can possess guns in Illinois. Her eight-page elaboration dismissed gun charges against Heriberto Carbajal-Flores. Carbajal-Flores was arrested in June 2020 on gun charges without any other criminal offenses. He maintained that he needed the weapon for self-defense in the wake of the George Floyd riots which were ongoing at the time.

Obama-appointed Judge Coleman highlighted the lack of additional crimes and non-violent arrest as evidence Carbajal-Flores did not represent a threat to the public and could responsibly carry a firearm.

He was charged under Title 18 of the U.S. Criminal Code which forbids illegals from possessing firearms or ammunition. Coleman also highlighted that Carbajal-Flores maintained all the conditions required to remain out of jail during the legal proceedings and was gainfully employed.

Biden’s Department of Justice challenged the ruling on April 4 when U.S. Attorney Morris Pasqual filed an appeal. The challenge will be heard in the Seventh District of the U.S. Court of Appeals.

Attorney Nicole Brenecki suggested the appeal was about optics during an election year in comments given to Newsweek. She highlighted that illegal immigration is a hot topic as the southern border crisis continues to dominate the news cycle.

Brenecki suggested that the ruling as it stands could additionally burden courts with fact-finding like whether or not the individual in question was otherwise involved in criminal activity when they were caught with a firearm.

There have been a number of pro-gun rulings in recent years and more states have approved constitutional carry than ever before, though typically it’s Republicans advancing gun rights. The Supreme Court ruled in late 2022 to strike down a New York law that required individuals to show “proper cause” to get a concealed carry permit.

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