A federal judge recently rejected a request to dismiss a gun charge against an illegal immigrant in Ohio, ruling that he doesn’t have the constitutional right to bear arms. The case centers on Carlos Serrano-Restrepo, who has been living in the U.S. for over 15 years, despite his illegal status.
Earlier this year, Serrano-Restrepo was indicted for possessing a firearm as someone unlawfully in the country. His situation caught the attention of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) after he bought at least 22 firearms and falsely claimed to be a U.S. citizen on firearm purchase forms.
ATF agents launched an investigation into Serrano-Restrepo, leading them to search his home. During the search, agents seized around 170 firearms, thousands of rounds of ammunition, and various markers for smoke and marine use. Serrano-Restrepo explained that some of these weapons were bought for self-defense. Photographs taken by the agents show firearms stored in safes, with others mounted on the wall in holsters inside a closet.
Serrano-Restrepo’s defense team filed a motion to have the charges dismissed, arguing that the Second Amendment grants him the right to bear arms. However, the judge ruled against this motion, stating that barring illegal immigrants like Serrano-Restrepo from possessing firearms aligns with the country’s long-standing firearm regulations.
In his decision, the judge wrote that “disarming unlawful immigrants like Mr. Serrano-Restrepo who have not sworn allegiance to the United States comports with the Nation’s history and tradition of firearm regulations.” The judge also found that Serrano-Restrepo’s challenge lacked merit, adding that “the swearing of an oath of allegiance occurs through the naturalization process, not through his asylum application or his years of living in the United States.”
Serrano-Restrepo’s trial is set to begin on January 21, 2025. He relocated from Arizona to Orient, Ohio, in 2022. He also testified that his most recent unlawful entry into the U.S. was in 2008. In addition to the gun charges, he runs a business that deals with fire and flood damage remediation.
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