Judge Rejects 2nd Amendment Argument from Illegal Immigrant Living in Ohio

A federal judge denied a request to dismiss a gun charge against an illegal immigrant in Ohio who had been in the United States for more than 15 years, rejecting the man’s argument that he has a right to bear arms.

Carlos Serrano-Restrepo was indicted earlier this year and subsequently indicted for possession of a firearm by an alien illegally in the United States, according to WSYX.

The Bureau of Alcohol, Tobacco, Firearms and Explosives began investigating and watching Serrano-Restrepo after he purchased at least 22 firearms and claimed to be a U.S. citizen on the firearm forms.

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Carlos Serrano-Restrepo was indicted earlier this year and subsequently indicted for possession of a firearm by an alien illegally in the United States (Bureau of Alcohol, Tobacco, Firearms and Explosives)

Agents searched his home and seized approximately 170 firearms, tens of thousands of rounds of ammunition and smoke/marine markers.

Serrano-Restrepo said some of the weapons were purchased for self-defense.

Photos agents took at his home revealed he kept firearms in safes. Some handguns were also mounted in holsters on the wall of a cabinet.

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Agents searched the suspect’s home and seized approximately 170 firearms, tens of thousands of rounds of ammunition and smoke/marine markers. (Bureau of Alcohol, Tobacco, Firearms and Explosives)

The suspect’s attorney filed a motion to dismiss the charge, arguing that he has a right to bear arms under the Second Amendment.

The judge on Thursday denied his motion to dismiss the charges, 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 firearms regulations.”

“Mr. Serrano-Restrepo’s challenge as applied lacks merit,” the judge continued. “The taking of an oath of allegiance occurs through the naturalization process, not through his asylum application or his years of living in the United States.”

A judge denied Carlos Serrano-Restrepo’s motion to dismiss a weapons charge. (Bureau of Alcohol, Tobacco, Firearms and Explosives)

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His trial is scheduled for January 21, 2025.

Serrano-Restrepo moved from Arizona to Orient, Ohio, in 2022. He told the court he last illegally entered the United States in 2008.

He also owns a business that remediates fire and flood damage.