Daily Broadside | Texas Can Arrest Illegals But Illinois Judge Rules Illegals Can Carry Guns

Sorry I missed yesterday. Went to bed early with a headache.

Tuesday was Illinois’ primary voting day, so the missus and I carried out our civic duty. I was disappointed in the turnout … our voting precinct location was super quiet around 5:30 PM. I suppose there could have been more voters that came after work, but there was no line, no wait while we were there.

Empty.

I guess if the result is a foregone conclusion, voters aren’t motivated to show up. I vote as a matter of principle. Exercise your right to vote, just like you exercise your muscles.

Two really interesting developments concerning illegal aliens flooding our country. First, the US Supreme Court rescinded its stay on a Texas law that provides for the arrest and deportation of illegal aliens.

The Supreme Court on Tuesday lifted its freeze of a Texas immigration law which allows state and local law enforcement to arrest illegal immigrants and empowers state judges to deport them.

The Court’s six conservative justices dismissed the Biden administration’s emergency appeal, allowing the law to remain in effect while the issue is adjudicated by lower courts. The majority did not explain its reasoning, as is typical, but Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, issued a concurring opinion explaining that Texas should be allowed to enforce its law until a lower court definitively strikes it down.

Note that the case has not been decided yet. This ruling was about whether the Texas law can continue to operate while the case is decided. It can, which means that Texas will begin to enforce its new law against illegal immigration.

Good.

Second, an astonishing ruling from a federal judge appointed by Obammy in (*ahem*) Illinois gives illegal immigrants the right to carry guns. I repeat: foreigners who are in this country illegally, who have no business being here, are allowed to carry.

A federal judge in Illinois has found that the Constitution protects the gun rights of noncitizens who enter the United States illegally.

U.S. District Judge Sharon Johnson Coleman on Friday ruled that a federal prohibition on illegal immigrants owning firearms is unconstitutional as applied to defendant Heriberto Carbajal-Flores. The court found that while the federal ban is “facially constitutional,” there is no historical tradition of firearm regulation that permits the government to deprive a noncitizen who has never been convicted of a violent crime from exercising his Second Amendment rights.

“The noncitizen possession statute … violates the Second Amendment as applied to Carbajal-Flores,” the judge wrote. “Thus, the Court grants Carbajal-Flores’ motion to dismiss.”

Coleman, a President Obama appointee, cited the landmark Supreme Court decision in New York State Rifle and Pistol Association v. Bruen (2022), which established a new standard to determine whether a law violates the Second Amendment. Since Bruen, a multitude of federal and state gun control measures have been challenged in courts with mixed results. 

The “new standard” referred to is that the government must show that each regulation “is consistent with this nation’s historical tradition of firearm regulation.” This gets a little complicated, because there is federal law that prohibits noncitizens who are illegally here from possessing a firearm.

Carbajal-Flores is an illegal immigrant who, on June 1, 2020, was found to be in possession of a handgun in the Little Village neighborhood of Chicago. He was subsequently charged with violating a federal law that prohibits any noncitizen who is not legally authorized to be in the U.S. from “possess[ing] in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 

In an April 2022 decision, Coleman denied Carbajal-Flores’ first motion to dismiss his indictment, finding that the ban was constitutional. However, Carbajal-Flores asked the court to reconsider that ruling following the Supreme Court’s decision in Bruen and appellate decisions in the Third and Seventh circuits that considered whether people convicted of nonviolent crimes can be prohibited from possessing firearms.

Basically, the foreigner here illegally is challenging what he and his lawyers consider a conflict between the federal law prohibiting possession of a gun, and the “new standard” that SCOTUS created to determine whether a law violates the Second Amendment.

I am not a lawyer and I don’t play one on TV, so while this decision makes no sense to me on the surface, there are likely legal subtleties that are playing out under the surface.

For instance, how is someone who is violating our law with their very presence here somehow covered by the US Constitution, which was written by and for US citizens?

If illegals can carry guns, what does that mean for the 10 million illegals that have poured over our southern border over the last three years of the treacherous Brandon administration?

The article didn’t say whether Carbajal-Flores had concealed-carry license. If he didn’t, why do Illinois citizens have to have one? If he did, how did he get one if he’s an illegal alien?

From my go-to newspaper, The Epoch Times:

The ruling drew a range of reactions from people in the legal community.

“Supreme Court has said the ‘people’ are members of the political community,” Larry Keane, a lawyer for the National Shooting Sports Foundation, wrote on X. “Illegal aliens in US are not part of the political community and thus do not have 2A rights.”

Kostas Moros, a lawyer who represents the California Rifle and Pistol Association, said that he also saw the issue that way.

“Bruen asks for a historical tradition of modern regulation that justifies the modern law, and one plainly exists here,” he wrote, noting that groups that have been disarmed in the past, including loyalists, have the common thread of being “outside of the political community.”

What gobsmacks me is that the judge considers the new standard to overrule the clear language of the federal law prohibiting possession by illegals. We have a group of activist judges who are making novel rulings that violate the letter and the spirit of the law.

This ruling is particularly troubling because of news like this:

The leader of a notorious street gang that has been terrorizing business owners and residents in Colombia’s capital was arrested earlier this week in Texas, where he was seeking asylum.

Venezuelan national Aderbiss Pirela was taken into custody by federal and local agents in New Braunfels, outside San Antonio, on Tuesday, Homeland Securities Investigations confirmed Wednesday. 

Pirela, according to Colombian authorities, is the second-in-command of ‘Los Satanás,’ and was one of the seven most wanted murderers in Bogotá. 

My recommendation is that you haven’t yet, arm yourself and buy ammo—lots of ammo.

And don’t forget that the muttonhead and his cabal in the White House are the ones who have done this to us.

One thought on “Daily Broadside | Texas Can Arrest Illegals But Illinois Judge Rules Illegals Can Carry Guns

  1. It leaves you speechless when you see the obvious destruction of our country. You’re right Dave, it’s time to arm up and that’s what I’m in the process of doing.

Comments are closed.