Illegal Migrants Granted Gun Rights: Uncovering the Controversy and Concerns
Photo Credit: Daily Mail
Think about the last time you purchased a firearm. Do you remember having to wait hours if not days to pick-up your firearm due to the background check requirements? This next court ruling is so insane, although coming out of Illinois, it doesn’t surprise me.
A federal judge in Illinois has found that the Constitution protects the gun rights of noncitizens who enter the United States illegally.
U.S. District Judge Sharon Johnson Coleman on Friday ruled that a federal prohibition on illegal immigrants owning firearms is unconstitutional as applied to defendant Heriberto Carbajal-Flores. The court found that while the federal ban is "facially constitutional," there is no historical tradition of firearm regulation that permits the government to deprive a noncitizen who has never been convicted of a violent crime from exercising his Second Amendment rights.
Upon review, Coleman concluded that Carbajal-Flores' illegally present status was not sufficient to deny him Second Amendment rights. The judge said the "plain text" of the Constitution "presumptively protects firearms possession by undocumented persons."
"Carbajal-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," the judge wrote. "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."
The court determined that because there is insufficient evidence to suggest Carbajal-Flores is a danger to society, there is no historical analogue that would permit the federal government to deny him his gun rights. Fox News
Photo Credit: NewsNation
Let’s break this down. A person who enters the United States illegally is not a United States citizen. Did you know that citizenship status doesn’t matter when it comes to The Bill of Rights?:
Nowhere in the first 10 amendments to the Constitution is the word “citizen.” Often it is written “The right of the people…” The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
The 14th Amendment ensures that “…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV (emphasis added).
One famous decision is the 1982 U.S. Supreme Court case of Plyer v. Doe, in which Texas revised its laws to exclude the children of undocumented immigrants from being eligible to attend K-12 school. The Court held that the children of undocumented immigrants are “people” as stated in the 14th Amendment, and under the Equal Protection clause one’s immigration status is not a sufficient rational basis for denying benefits afforded to other residents. Therefore, non-citizen children must be afforded a K-12 education. Manaitas Law
Well, I guess we learn more about The U.S. Constitution each day. Okay, how about the infamous background check everyone who wishes to obtain a firearm must go through?
In order to obtain a firearm in the state of Illinois, a person must have the following:
Under state law in Illinois, a person must generally have a valid license called a Firearm Owner’s Identification (“FOID”) Card, issued by the Illinois Department of State Police (“DSP”) in order to acquire or possess a firearm or ammunition.1 The FOID card licensing process is designed to identify people who, for various public safety reasons, are not eligible to acquire or possess firearms or ammunition.2
There is no mention as to whether the Defendant Carbajal-Flores possessed the FOID Card. I’m assuming they ‘overlooked’ that one. Let’s see what disqualifies someone from owning a firearm in the State of Illinois:
Illinois law authorizes DSP to deny an application for a FOID Card (or revoke and seize a previously issued FOID card) if the DSP finds that the current or prospective card holder is (or was at the time of issuance) subject to any of the following disqualifications:
A person under 21 years of age who has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent, or who does not have the written consent of his or her parent or guardian to acquire and possess firearms and ammunition, or whose parent or guardian has revoked such written consent, or whose parent or guardian does not qualify to have a FOID card;
A person who has been convicted of a felony under the laws of Illinois or any other jurisdiction;
Addicted to narcotics;
A patient of a mental health facility within the past five years, or a patient in a mental health facility more than 5 years ago (“patient” is defined to include a person who was an inpatient or resident of a mental health facility or a person who received outpatient treatment if he or she was determined to present a clear and present danger3 ) if that person has not received certification by a physician, clinical psychologist, or qualified examiner after a mental health evaluation that he or she is not a clear and present danger to self or others;
A person who has been adjudicated as mentally disabled (as defined under state law)4;
A person whose mental condition (meaning a state of mind manifested by violent, suicidal, threatening, or assaultive behavior) is found to pose a clear and present danger to self, others, or the community as evidenced by serious threats of violence or threatening physical or verbal behavior.5 (See our page on Mental Health Reporting in Illinois for details about how this determination is made);
A person who is “intellectually disabled” (defined by Illinois law as having “significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18 years”);6)
A person who has been found to be “developmentally disabled”;
A person who has been involuntarily admitted in a mental health facility;
A person who intentionally made a false statement on the FOID card application;
A person unlawfully present in the United States under the laws of the United States;
An alien admitted to the United States under a non-immigrant visa (subject to certain exceptions, including aliens admitted to the U.S. under a non-immigrant visa for lawful hunting or sporting purposes, official representatives of foreign governments, and foreign law enforcement officers in the U.S. on official business);
A person convicted within the past five years of battery, assault, aggravated assault, violation of a protective order,7 or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
A person convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction;
Prohibited from acquiring or possessing firearms or ammunition by federal law;
A minor subject to a juvenile petition alleging that he or she is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or
An adult who had been adjudicated a delinquent minor for the commission of an offense that if committed by an adult would be a felony.8
A person who is not a resident of the State of Illinois, with limited exceptions for law enforcement officers, security officers, or military personnel permanently assigned in Illinois.9
Let’s read the highlighted bullet points. A person who has been convicted of a felony. Carbajal-Flores may not have felony convictions INSIDE the United States but what about his home country? Carbajal-Flores could be a gang leader & mass murder in his home country but we would never know because our international crime databases are often limited. In addition consider Title 8 of the U.S. Code:
Title 8 of the U.S. Code identifies federal criminal offenses pertaining to immigration and nationality, including the following two entry-related offenses:
“Illegal Entry”/8 U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both.
“Illegal Re-Entry”/8 U.S.C. § 1326 makes it a crime to unlawfully reenter, attempt to unlawfully reenter, or to be found in the United States after having been deported, ordered removed, or denied admission. This crime is punishable as a felony with a maximum sentence of two years in prison. Higher penalties apply if the person was previously removed after having been convicted of certain crimes: up to 10 years for a single felony conviction (other than an aggravated felony conviction) or three misdemeanor convictions involving drugs or crimes against a person, and up to 20 years for an aggravated felony conviction. AI Council
Crabajal-Flores is unlawfully present in the United States. Even if Carabajal-Flores entered the United States via Customs & Border Patrol & given a court date to claim asylum, that is not a visa. It is not mentioned whether Crabajal-Flores had met with proper inspection at a port of entry nor was it mentioned if it was his second or successive round of entering the United States. It was not mentioned whether Carabajal-Flores claimed residency in the State of Illinois.
The background check for American citizens in Illinois (& most states) cannot include most criminal activity, narcotic addictions, mental health issues, & non-residents of the state. Yet, Illinois has some of the highest crime statistics in the United States.
Illinois ranks 19th in terms of its Violent Crime Rate in the United States but third in actual number of violent crimes. Consider number one and two, California & Texas’ populations are more than double Illinois’ respectively.
As a former Deputy Sheriff of nearly a decade, I can attest that most of the gun-related crimes were attributed to people obtaining firearms either through vehicle or residential burglaries or on the black market. The article did not state how Carabajal-Flores obtained the firearm in the first place. I’m sure the judge glazed over that one too.
Photo Credit: The National Desk
Let us consider if just 1% of the 3.2 million border encounters of 2023, or 32,000 had ill intentions for the United States, that is a very high number capable of doing some serious damage. Consider the self-identified Hezbollah agent that entered the United States earlier this month:
A Lebanese migrant who claims to be a member of the Iranian terrorist proxy Hezbollah entered the U.S. illegally this month.
Basel Bassel Ebbadi, 22, had plans to travel to New York, where he would “try to make a bomb,” according to Border Patrol documents obtained by the New York Post.
Ebbadi said in a sworn interview that he was affiliated with Hezbollah for seven years and was an active member of the terror group for four. The migrant is being held at the El Paso Sector Hardened Facility after illegally crossing into Texas on March 9. According to the Post, he is marked for deportation.
Border Patrol noticed a “growing number of individuals” who are on the FBI’s terrorist watch list try to enter the U.S. via the southern border last year, the Department of Homeland Security said in September. National Review
That’s just one person they happened to catch. What about all the others that have slipped through? Ebbadi, a 22 year old, couldn’t possibly be the only one that wanted to make bombs or destroy American infrastructure. Think of how many migrants are already in New York alone.
What can my Fellow Warriors do About This?
The tide is shifting. We can observe the lawfare being judged against the American citizen every single day. You don’t have to be Donald Trump or Alex Jones to realize the law in the corrupt courts is not our side. I really hate to say it as a former Deputy but we are seeing the unfair prosecutions take place every single day. How do we protect ourselves?
If you see something suspicious, say something. Document it. Take pictures or video. Even if no one will listen, you can let others know what’s going on through social media, YouTube or other platform videos, or comments to those videos.
Be aware of your surroundings at all times. Don’t leave any firearms unattended in vehicles or in plain sight in residences.
If you do not have firearms, now might be the time to purchase some before they become illegal for American citizens to own. You know they’re going after legal gun owners left & right. It may be time to pick-up that rifle you’ve been wanting. Make the 2nd Amendment work for you while it’s still there.
If you do not have ammunition, now might be the time to stock-up.
Be prepared to defend yourself at all times. If you are uncomfortable carrying firearms, think about other means of protection to include OC Spray or a taser. Never leave home unprotected.
Go to the range & practice. Dust-off your firearms & brush up on your skills. You’ll never regret that extra round of training. Practice builds muscle memory especially when it comes to stressful situations.
Until next time my Fellow Warriors, Stay Informed, Stay Vigilant, Ever Forward!