Heriberto Carbajal-Flores v. United States
SecondAmendment Immigration JusticiabilityDoctri
Whether 18 U.S.C. § 922(g)(5)(A), which prohibits firearm possession by unlawfully present noncitizens, is unconstitutional under the Second Amendment's text and in light of Bruen, and whether the government must demonstrate individual dangerousness before disarmament
1) Whether 18 U.S.C. § 922(g)(5)(A), which prohibits firearm possession by all unlawfully present noncitizens, is unconstitutional on its face underthe Second Amendment’s text and in light of this Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen , 597 U.S. 1 (2022). 2) Whether 18 U.S.C. § 922(g)(5)(A) is subject to asapplied challenges, and if so, whether the government must demonstrate that the individualis dangerous before disarmament is permissible. i