US District Judge Sharon Johnson Coleman ruled on March 8 that the "noncitizen possession statute" as laid out by 18 USC Section 922(g)(5) "violates the Second Amendment as applied" to defendant Hariberto Carbajal-Flores.
Carbajal-Flores was charged with violating this law, which states that it is unlawful for a person "who, being an alien, is illegally or unlawfully in the United States," and was arrested in June of 2020 in the Little Village neighborhood of Chicago, Illinois with a handgun in his possession. He said that he "received and used the handgun for self-protection and protection of property," and has no felony convictions, Coleman wrote.
Coleman, an Obama appointee, cited the 2022 Supreme Court decision in New York State Rifle and Pistol Association v Bruen, which found that New York State could not constitutionally prevent people from carrying a pistol in public.
