A judge rejected a 2nd Amendment challenge from an illegal immigrant living in Ohio
A judge has rejected a request to dismiss a gun charge brought against an illegal immigrant in Ohio who has lived in the US for more than 15 years, rejecting the man’s argument that he has the right to bear arms.
Carlos Serrano-Restrepo was indicted earlier this year and later charged with possession of a firearm by an illegal alien in the US, according to WSYX.
The Bureau of Alcohol, Tobacco, Firearms and Explosives began investigating Serrano-Restrepo after he bought at least 22 guns, and claimed to be a US citizen on gun forms.
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Agents searched his home and seized approximately 170 firearms, tens of thousands of rounds of ammunition and smoke/marine signals.
Serrano-Restrepo said some of the guns were purchased for self-defense.
Photos taken by police at his home revealed that he kept guns in gun safes. Some guns were in bottles on the wall of the closet.
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The suspect’s attorney submitted a motion to dismiss the case on the grounds that he has the right to bear arms under the Second Amendment.
The judge denied his request to dismiss the case Thursday, writing in his opinion that “disarming illegal immigrants like Mr. Serrano-Restrepo who have not sworn allegiance to the United States is consistent with the Nation’s history and tradition of gun laws.”
“Mr. Serrano-Restrepo’s applied challenge lacks merit,” the judge continued. “The swearing of the oath of allegiance occurs through the naturalization process, not through his asylum claim or his years of residence in the United States.”
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His case is scheduled for Jan. 21, 2025.
Serrano-Restrepo moved from Arizona to Orient, Ohio, in 2022. He told the court that he last illegally entered the US in 2008.
He also owns a fire and flood repair business.
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