Whether illegal immigrants have the right to keep and bear arms is a question now up for the Seventh Circuit U.S. Court of Appeals.
The case USA v. Heriberto Carbajal-Flores centers around Flores’ arrest in Chicago for having a firearm. Representing the federal government, Margaret Steindorf said Flores’ immigration status is important.
“There is the common thread here of felons not abiding by the law and those unlawfully in the country also not authorized to be in the country,” Steindorf said in arguing court precedent allowing for certain individuals to be prohibited from having a firearm.
Representing Flores, Jacob Briskman said rights granted to “the people” aren’t relegated to only a few amendments in the Bill of Rights.
“The [U.S.] Supreme Court has decided that undocumented folks have First Amendment protections, Fourth Amendment protections, Fifth Amendment protections when they have come within the United States and developed substantial ties,” Briskman said.
Briskman said his client has a wife and children who are U.S. citizens.
Steindorf said Flores’ criminal activity wasn’t just being found with the gun.
“The district court erred when it found defendant was non-violent when in fact the defendant shot a firearm seven times at a passing car without provocation and tried to shoot at a second passing car shortly thereafter,” she said.
Briskman said the lower court got it right, and even with a criminal record, Briskman argued Flores still has rights.
“Stripping people of Second Amendment rights because of a criminal history or because they are not responsible are not supported by case law, as [recent U.S. Supreme Court precedent in United States v.] Rahimi has shown,” he said.
The appeals court took the case under advisement.
