There's that word again... "should."
I understand what you're saying, but you're living in fairyland. None of what you want reflects reality. The courts have to deal with reality, not feels. The reality here is that these charges weren't going to stick. Not some other charges... not what he "should" have been charged with... THESE charges.
And if the charges aren't going to stick, the defendant gets kicked loose. And if the defendant is loose, he absolutely has the right to have his gun. What he chose to do with it is his fault, and he'll hopefully pay a price for it.
Is there a part of "Illegal alien " that you are not particularly clear on ?
As in not an american citizen .
As in prior felony arrests .
As in his ass shouldn't have even been on U.S. soil.
As in he should have been handed directly to INS and given a quick bumpy ride directly back to the border and hurled over.
He has no 2A rights here .
There is no fairy land or feels about it.
Illegal with a previous felony conviction.
The actual LAW says your ass is outa here.
Tell me you don't teach civics.