A federal choose denied a request to dismiss a gun cost in opposition to an unlawful immigrant in Ohio who had been within the US for greater than 15 years, rejecting the person’s argument that he has a proper to bear arms.
Carlos Serrano-Restrepo was charged earlier this yr and was subsequently indicted for possession of a firearm by an alien unlawfully within the US, in accordance with WSYX.
The Bureau of Alcohol, Tobacco, Firearms and Explosives started investigating and watching Serrano-Restrepo after he bought at the least 22 firearms, and claimed to be a US citizen on the firearms kinds.
Brokers performed a search of his dwelling and seized roughly 170 firearms, tens of 1000’s of rounds of ammunition and smoke/marine markers.
Serrano-Restrepo mentioned among the weapons had been bought for self-defense.
Pictures that brokers took at his dwelling revealed he saved firearms in gun safes.
Some handguns had been additionally mounted in holsters on the wall of a closet.
The suspect’s lawyer submitted a movement to dismiss the cost on the argument that he has the proper to bear arms underneath the Second Modification.
The choose denied his movement to dismiss the cost on Thursday, writing in his opinion 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.”
“Mr. Serrano-Restrepo’s as-applied challenge lacks merit,” the choose continued.
“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.”
His trial is scheduled for Jan. 21, 2025.
Serrano-Restrepo moved from Arizona to Orient, Ohio, in 2022.
He informed the courtroom he final unlawfully entered the US in 2008.
He additionally owns a enterprise that remediates fireplace and flooding injury.
