A federal judge in Ohio has rejected a request to dismiss a gun charge against an illegal immigrant who had been in the U.S. for over 15 years. Carlos Serrano-Restrepo was charged earlier this year with possession of a firearm by an alien unlawfully in the U.S., according to WSYX.
Serrano-Restrepo came under investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) after he bought at least 22 firearms while claiming to be a U.S. citizen on the purchase forms. A search of his home led to the seizure of around 170 firearms, tens of thousands of rounds of ammunition, and other equipment.
Serrano-Restrepo stated that some of the firearms were purchased for self-defense. Photos taken by agents showed that he stored some guns in safes, while others were mounted in holsters on the wall of a closet.
The suspect’s lawyer argued that Serrano-Restrepo had the right to bear arms under the Second Amendment, asking the judge to dismiss the charge. However, on Thursday, the judge ruled against this motion, stating 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.”
The judge further noted that the process of swearing an oath of allegiance occurs through naturalization, not through an asylum application or years of unlawful residence in the U.S.
Serrano-Restrepo’s trial is scheduled for January 21, 2025. He moved to Orient, Ohio, in 2022 and told the court he last entered the U.S. unlawfully in 2008. He also owns a business that handles fire and flooding damage remediation.