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Judge rejects 2nd Amendment argument from illegal immigrant living in Ohio

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

Carlos Serrano Restrepo was indicted earlier this year and subsequently charged in the United States with illegal possession of a firearm by a foreign national. According to WSYX.

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

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Carlos Serrano Restrepo was indicted earlier this year and subsequently charged in the United States with illegal possession of a firearm by a foreign national. (Bureau of Alcohol, Tobacco, Firearms and Explosives)

Investigators searched the home and seized approximately 170 firearms, tens of thousands of rounds of ammunition, and smoke and maritime markers.

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

Photos taken by investigators at his home showed he kept the firearm in a gun safe. Several handguns were mounted in holsters on the walls of the closet.

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handgun in ohio's closet

Investigators searched the suspect's home and seized approximately 170 firearms, tens of thousands of rounds of ammunition, and smoke and maritime markers. (Bureau of Alcohol, Tobacco, Firearms and Explosives)

The suspect's attorney filed a motion to dismiss the charges, citing a Second Amendment right to bear arms.

On Thursday, the judge rejected his motion to dismiss the charges, writing in an opinion that “disarming illegal immigrants like Serrano-Restrepo, who have not sworn allegiance to the United States, is a violation of this nation's history and tradition of firearms regulation.'' It's worth it,” he said.

“Mr. Serrano Restrepo's challenge as filed is without merit,” the judge continued. “The oath of allegiance is taken through the naturalization process, not through an asylum application or long-term residence in the United States.”

Gun seized in Ohio

A judge denied Carlos Serrano-Restrepo's motion to dismiss the firearms charges. (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 last entered the United States illegally in 2008, he told the court.

He also runs a business that repairs fire and flood damage.

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