WASHINGTON (TND) — A pair of controversial court rulings permit some non-violent felons and illegal migrants to own a firearm.
The Ninth Circuit Court of Appeals ruled people convicted of non-violent crimes who have finished their prison sentence are allowed to own guns.
Steven Duarte is at the center of this ruling out of California. He has five prior non-violent state criminal convictions and then was convicted for tossing a handgun out of a moving car. The court ruled he was protected under the Second Amendment since he is a non-violent offender who has served his time in prison and reentered society. His last conviction was tossed out, and the court overturned a lower court ruling that made it legal for people like Duarte to have a gun.
The court cited the 2022 Supreme Court ruling, New York State Rifle & Pistol Association, Inc. v. Bruen as a reason for their ruling. It argued the Second Amendment applied to convicts who have reentered society.
However, the dissenting judge said the Supreme Court reiterated that the Second Amendment protects law-abiding citizens, not nonviolent offenders.
Illegal Migrants
Sharon Johnson Coleman, a judge on the U.S. District Court for the Northern District of Illinois, recently ruled some illegal migrants can own a gun.
In her opinion, Johnson had a slew of reasons why she ruled Heriberto Carbajal-Flores, an undocumented immigrant, should be able to own a gun. She wrote that Carbajal-Flores has a job, no felonies, no violent crimes, no crimes using a weapon, and no risk to public safety even though Title 18 of the U.S. Criminal Code prevents illegal migrants from possessing firearms.
Johnson also cited the 2022 Supreme Court ruling, New York State Rifle & Pistol Association, Inc. v. Bruen. The Bruen decision said law-abiding citizens with ordinary self-defense have the right to keep and bear arms in public for self-defense. Coleman said Carbajal-Flores had the gun for self-defense reasons and had committed no other crimes besides being in the country illegally. She said the Buren decision applies to him and he is allowed to have a firearm.
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