A federal judge declined a request to dismiss a gun charge against an undocumented immigrant in Ohio who had been in the U.S. for over 15 years, rejecting the man’s claim that he has the right to bear arms.
Carlos Serrano-Restrepo was charged earlier this year and subsequently indicted for possession of a firearm by an alien unlawfully in the U.S., according to WSYX.
The Bureau of Alcohol, Tobacco, Firearms and Explosives started investigating and monitoring Serrano-Restrepo after he bought at least 22 firearms and falsely claimed to be a U.S. citizen on the firearms forms.
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Carlos Serrano-Restrepo was charged earlier this year and subsequently indicted for possession of a firearm by an alien unlawfully in the U.S. (Bureau of Alcohol, Tobacco, Firearms and Explosives)
Agents searched his home and confiscated around 170 firearms, tens of thousands of rounds of ammunition, and smoke/marine markers.
Serrano-Restrepo claimed some of the guns were for self-defense.
Photos taken by agents at his home showed firearms in gun safes, with some handguns mounted in holsters on the wall of a closet.
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Agents conducted a search of the suspect’s home and seized roughly 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 for his Second Amendment right to bear arms.
The judge denied his motion on Thursday, stating in his opinion that “disarming undocumented immigrants like Mr. Serrano-Restrepo who have not pledged allegiance to the United States aligns with the Nation’s history and tradition of firearm regulations.”
“Mr. Serrano-Restrepo’s challenge lacks validity,” the judge added. “The pledge of allegiance is made through the naturalization process, not through his asylum application or his years of residence in the United States.”
A judge rejected Carlos Serrano-Restrepo’s motion to dismiss a gun charge. (Bureau of Alcohol, Tobacco, Firearms and Explosives)
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His trial is set for Jan. 21, 2025.
Serrano-Restrepo relocated from Arizona to Orient, Ohio, in 2022. He informed the court that he last illegally entered the U.S. in 2008. He also owns a business that specializes in fire and flood damage remediation.
