A judge this month dropped gun charges against an illegal migrant in Illinois, sparking further debate about the rights associated with the Second Amendment.
U.S. District Court Judge Sharon Coleman of the Northern District of Illinois referenced lower court rulings in dismissing firearm possession charges against Heriberto Carbajal-Flores, who was illegally or unlawfully in the United States when he possessed a handgun in the Little Village neighborhood of Chicago on June 1, 2020.
That ruling was brought to the higher court after being challenged by the New York State Rifle & Pistol Association and gun owners Brandon Koch and Robert Nash.
“We hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct,” Justice Clarence Thomas wrote in the court’s majority opinion. “To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this nation’s historical tradition of firearm regulation.”
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