In a recent court ruling, U.S. District Court Judge Sharon Coleman of the Northern District of Illinois dismissed gun charges against an illegal migrant, Heriberto Carbajal-Flores, sparking debate about Second Amendment rights. The charges were dropped based on Carbajal-Flores' criminal record, lack of violent behavior, and the circumstances of his arrest not posing a risk to public safety.
Carbajal-Flores, who contended the firearm was for self-defense during a time of civil unrest in 2020, has never been convicted of a felony or violent crime. The court noted his adherence to release conditions, employment status, and lack of new arrests or outstanding warrants.
This ruling comes after previous denials of motions to dismiss charges against Carbajal-Flores, with the U.S. Supreme Court's 6-3 decision to strike down a New York law requiring "proper cause" for a firearm license outside the home playing a role.
In a separate case, the U.S. Supreme Court ruled in favor of gun control advocates in Illinois, denying an emergency injunction against the state's ban on the sale and possession of semiautomatic firearms. This decision came after Illinois Governor J.B. Pritzker signed legislation enacting a statewide ban on "assault-style" weapons.