“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. ”
A federal judge says an illegal immigrant can’t claim Second Amendment protection to dismiss a gun charge. Carlos Serrano-Restrepo has lived illegally in the United States for more than 15 years but the judge says that doesn’t give him the right to bear arms, the New York Post reported.
Serrano-Restrepo was charged earlier this year and then indicted for possession of a firearm by an alien living unlawfully in the US, according to WSYX.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) kept Serrano-Restrepo under surveillance when he was spotted buying 22 firearms while lying about being a US citizen on the authorization forms. ATF agents discovered about 170 firearms, tens of thousands of rounds of ammo and some smoke markers after searching his home.
Serrano-Restrepo claimed the guns were for self-defense but ATF agents took photographs of hundreds of guns stored away in gun safes. Other pictures reveal guns placed into holsters that were hanging from the walls of a closet. The accused’s lawyer issued a motion to dismiss all charges on the basis that his Second Amendment rights were being violated.
The judge struck down the motion on Thursday, deciding 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 judge said, noting 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 is scheduled to be tried beginning Jan. 21, 2025. He moved to Ohio from Arizona in 2022 and reportedly has been living in the US illegally since 2008.
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