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Justia
law.justia.com › cases › federal › appellate-courts › ca7 › 24-1534 › 24-1534-2025-07-16.html
United States v. Carbajal-Flores, No. 24-1534 (7th Cir. 2025) :: Justia
July 16, 2025 - The district court ultimately found § 922(g)(5)(A) facially constitutional but held it unconstitutional as applied to Carbajal-Flores, reasoning that historical traditions only supported disarming untrustworthy or dangerous individuals, and ...
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GovInfo
govinfo.gov › content › pkg › USCOURTS-ilnd-1_20-cr-00613 › pdf › USCOURTS-ilnd-1_20-cr-00613-2.pdf pdf
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
March 8, 2024 - Although Carbajal-Flores has styled his motion as a “renewed” motion to dismiss the indictment, Case: 1:20-cr-00613 Document #: 101 Filed: 03/08/24 Page 2 of 8 PageID #:<pageID>
Discussions

Undocumented immigrant in possession

Rights are granted to citizens of a country. This of course there is the concept that they are bestowed by being alive/god - but that’s not really rellevent and just marketing.

But the concept of citizenship carries over each time you make a purchase where you avow that you are not part of an organization that wants to overthrow the government.

Conversely I do not have the right to vote in whoever countries elections whenever I want. I also do not have the right on a states basis to carry wherever I want, but that takes it down another step.

This guy is getting locked up and sent off..

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🌐 r/liberalgunowners
14
14
March 10, 2024
Everything about this is stupid

Bruen isn't the underpinning of this issue, it's that the Constitution applies to everyone in the country. Otherwise an undocumented immigrant could be made to be a slave if the 13th amendment didn't apply to them.

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🌐 r/liberalgunowners
39
199
March 31, 2024
Migrant Teen Who Died in U.S. Custody Was Unresponsive for Hours, Report Says

We are murdering people

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226
4005
December 7, 2019
Autopsy Offers Jarring New Details About the Death of a 16-Year-Old Guatemalan Boy | Days after he was supposed to be in a children’s shelter, Carlos Gregorio Hernandez Vasquez died of the flu near the toilet in his Border Patrol holding cell.

Jamil Smith:

Carlos Gregorio Hernandez Vasquez was 16, so he was only supposed to be in a @CBP detention center for 72 hours, tops. He’d been there six days when he died of the flu near the toilet in his holding cell. This happened in May. We’re just learning this now.

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25
315
July 26, 2019
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Casetext
casetext.com › browse cases › 7th cir. › nd il › 2024 › march › united states v. carbajal-flores
United States v. Carbajal-Flores, 720 F. Supp. 3d 595 | Casetext Search + Citator
March 8, 2024 - granting as-applied relief to undocumented immigrant subject to federal possession ban because circumstances did not “support a finding that he poses a risk to public safety”Summary of this case from Suarez v. Paris ... Full title:UNITED STATES OF AMERICA, Plaintiff, v. HERIBERTO CARBAJAL-FLORES…
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Pacermonitor
pacermonitor.com › public › case › 53016137 › USA_v_Heriberto_CarbajalFlores
USA v. Heriberto Carbajal-Flores (0:24-cr-01534), Seventh Circuit U.S. Court of Appeals
USA v. Heriberto Carbajal-Flores (0:24-cr-01534), Seventh Circuit U.S. Court of Appeals, Filed: 04/04/2024 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets
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MoreLaw
morelaw.com › home › verdicts › il › united states of america v. heribe
Re: United States of America v. Heriberto Carbajal-Flores
July 16, 2025 - His mother brought him to the United States in 2002 when he was ten years old. Since then, he has resided in Chicago. Carbajal-Flores now claims the status of a lawful permanent resident.
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Leagle
leagle.com › decision › infco20250716097
UNITED STATES v. CARBAJAL | No. 24-1534... | 20250716097 | Leagle.com
BRENNAN Circuit Judge. Chicago Police arrested Heriberto Carbajal Flores after he repeatedly fired his pistol in a city street. A...20250716097
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CA
riverside.courts.ca.gov › system › files › 2023-09 › 2023 Case List.pdf pdf
Discharge Report 2023 1 of 325 Severity Case # Deft # Name
1 RICARDO RODRIGUEZ FLORES · 4/15/2013 · - $ 24.89 · $ 1 · I · 06982QVAM · 1 ALICIA MORALES · 1/15/2013 · - $ 62.14 · $ 1 · I · 069832CP · 1 CASSONDRA YVONNE PARRA · 9/6/2010 · - $ 47.33 · $ 1 · I · 06983JWBO · 1 BRUNO JESUS OSORIO · 4/13/2012 · - $ 976.25 · $ 1 · I · 07010AV · 1 ANGELICA VILLASANA · 6/29/2012 · - $ 357.00 · $ 1 · I · 070149CR · 1 CHRISTOPHER O REYES · 2/1/2013 · - $ 107.32 · $ 1 · I · 070230JB · 1 JOHN CURTIS BROWN · 2/10/2013 · - $ 86.54 · $ 1 · I · 070241JC · 1 JOSE G CARBAJAL · 4/29/2012 · - $ 1,443.00 · $ 1 · M · 070243JR · 1 JASON MICHAEL RITCHIE · 10/10/2012 · - $ 360.00 · $ 1 · Discharge Report 2023 · 8 of 325 · Severity · Case # Deft # Name · Date to Pay Victim Restitution · Remaining Balance · Total · Discharge · CNT · I · 070256DM · 1 DEBRA KAY MARTIN · 3/9/2012 · - $ 23.47 ·
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MRCTV
mrctv.org › blog › craig-bannister › judge-illegal-aliens-have-2nd-amendment-rights-because-some-british-loyalists
Judge: Illegal Aliens Have 2nd Amendment Rights – Because Some British Loyalists Did
“U.S. District Judge Sharon Johnson Coleman ruled on March 8 that the defendant, Heriberto Carbajal-Flores, who is residing in the United States illegally, had his Second Amendment right’s violated when prosecutors originally charged him with 18 U.S.C § 922, which bars illegal immigrants from carrying guns or ammunition.”
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Newsweek
newsweek.com › undocumented-immigrants-have-right-own-guns-judge-rules-1880806
Undocumented Immigrants Have Right to Own Guns, Judge Rules - Newsweek
March 20, 2024 - Carbajal-Flores "has consistently adhered to and fulfilled all the stipulated conditions of his release," the ruling says, adding that he is gainfully employed and has no new arrests or outstanding warrants.
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Supreme Court of the United States
supremecourt.gov › DocketPDF › 25 › 25-469 › 379611 › 20251014192147461_251017a Petition for efiling.pdf pdf
No. 25-___ In The Supreme Court of the United States HERIBERTO CARBAJAL-FLORES,
Petitioner Heriberto Carbajal-Flores respectfully · petitions this honorable Court for a writ of certiorari to · review the judgment and opinion of the United States · Court of Appeals for the Seventh Circuit, which was · entered in this case on July 16, 2025.
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Washington Times
washingtontimes.com › topics › heriberto-carbajal-flores
Heriberto Carbajal-Flores - Bio, News, Photos
Latest news and commentary on Heriberto Carbajal-Flores including photos, videos, quotations, and a biography.
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X
x.com › KFOX14 › status › 1770163383628607788
KFOX14 News (@KFOX14) on X
March 19, 2024 - The ruling pertains to the case of Heriberto Carbajal-Flores, who had no criminal history of improper use of a gun and therefore, according to the court, did not present a public danger when exercising his Second Amendment right in Chicago in 2020.
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Justia
law.justia.com › cases › federal › appellate-courts › cadc › 19-3100 › 19-3100-2021-04-23.html
United States v. Carbajal Flores, No. 19-3100 (D.C. Cir. 2021) :: Justia
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. United States v. Carbajal Flores ... The DC Circuit affirmed the district court's calculation of defendant's sentence for the RICO conspi... Read the full annotations for this case. ... You're all set! You already receive all suggested Justia Opinion Summary Newsletters. You can explore additional available newsletters here. ... Get free summaries of new D.C. Circuit US Court of Appeals opinions delivered to your inbox! ... U.S. Federal Law · U.S. Constitution ...
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DocumentCloud
documentcloud.org › documents › 24484857-ruling-in-illegal-immigrant-gun-case
Ruling in Illegal Immigrant Gun Case | DocumentCloud
Ruling in Illegal Immigrant Gun Case · File Text Pages Notes Results · Fit Width · Fit Height · Download File · Share & Embed
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Leagle
leagle.com › decision › infdco20220415c40
UNITED STATES v. CARBAJAL | Case No... | 20220415c40 | Leagle.com
... UNITED STATES OF AMERICA, Plaintiff, v. HERIBERTO CARBAJAL-FLORES, Defendant. United States District Court, N.D. Illinois, Eastern Division.https://leagle.com/images/logo.png · April 13, 2022. April 13, 2022.
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Reddit
reddit.com › r/liberalgunowners › undocumented immigrant in possession
r/liberalgunowners on Reddit: Undocumented immigrant in possession
March 10, 2024 -

From an opinion/order in US v Carbajal-Flores handed down March 8 in the Northern District of Illinois:

Defendant Heriberto Carbajal-Flores ("Carbajal-Flores") is charged with possession of a firearm while illegally or unlawfully in the United States, in violation of 18 U.S.C. § 922(g)(5).

...

... [T]he historical record establishes that legislatures categorically disarmed (1) individuals who were not members of the political community and (2) individuals who threatened the social order through their untrustworthy adherence to the rule of law. ... Section 922(g)(5) is facially constitutional.

... [The] historical analogue contained an exception allowing British loyalists to sign loyalty oaths. ... This exception necessarily requires an individualized assessment. ... [T]he individuals who fell within the exception were determined to be non-violent during their individual assessments, permitting them to carry firearms. ...

... Carbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. ... Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants. ... Thus, this Court finds that, as applied to Carbajal-Flores, Section 922(g)(5) is unconstitutional.

Would the US appeal to the 7th Circuit and risk setting precedent? I'm inclined to think not. Well, they've got some time to think about it.