Karoline Leavitt Wrecked This Lefty Reporter for His Awful Take on the Minneapolis...
Some Are Saying Nick Shirley's Latest Video on Somali Fraud Is Worse Than...
Another Shooting by ICE Has the Press Desperately Looking for Ways to Reframe...
Wisconsin Cannot Afford to Follow Minnesota
HHS Secretary Kennedy Announces Healthcare Price Transparency
Deputy Attorney General Todd Blanche Just Promised to Stop the 'Terrorism' of MN...
Experts Weigh in on SCOTUS Cases Involving Boys in Girls' Sports
Is Socialism a Form of Moderation Amongst Democrats? A WaPo Columnist Thinks So
Tim Walz Walz Begs the White House to 'Turn Down the Temperature' After...
TX Congressional Candidate Claims to Be a Trump Ally, but His Record Shows...
Cea Weaver Describes Rent-Control As a Way to Cripple the Real Estate Market
Illinois Businessman Sentenced to Six Years for $55 Million Loan and PPP Fraud...
Tim Walz Calls ICE an ‘Occupation’ as Minneapolis Descends into Chaos
North Carolina Woman Sentenced to 6 Years in $12M Medicaid Fraud Scheme
Texas Doctor, Assistant Get Prison Time for $3M Healthcare Fraud Targeting Elderly
Tipsheet

Question of Illegal Aliens Having Second Amendment Rights Goes to Appeals Court

AP Photo/Rich Pedroncelli

The Seventh Circuit U.S. Court of Appeals will hear the question of whether illegal aliens have Second Amendment rights, in the case USA v. Heriberto Carbajal-Flores.

Advertisement

The case regards Flores’ arrest in Chicago for having a firearm.

Margaret Steindorf, who represents the federal government in the case, said Flores’ immigration status is important, stating that “[T]here is the common thread here of felons not abiding by the law and those unlawfully in the country also not authorized to be in the country” when arguing court precedent for certain people to not be allowed to possess a firearm.

Jacob Briskman, representing Flores, said however that the rights granted to “the people” don’t only apply to certain amendments in the Constitution, stating that “[T]he [U.S.] Supreme Court has decided that undocumented folks have First Amendment protections, Fourth Amendment protections, Fifth Amendment protections when they have come within the United States and developed substantial ties,” and added that Flores’s wife and children are citizens of the United States.

Advertisement

However, having a gun wasn’t Flores’s only crime, Steindorf argued, adding that “[T]he district court erred when it found defendant was non-violent when in fact the defendant shot a firearm seven times at a passing car without provocation and tried to shoot at a second passing car shortly thereafter.”

Briskman argued that Flores still should have Second Amendment rights regardless, saying that “[S]tripping people of Second Amendment rights because of a criminal history or because they are not responsible are not supported by case law, as [recent U.S. Supreme Court precedent in United States v.] Rahimi has shown.”

The case was taken by the appeals court under advisement.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos