A federal decide denied a request to dismiss a gun cost towards an unlawful immigrant in Ohio who had been within the U.S. for greater than 15 years, rejecting the person’s argument that he has a proper to bear arms.
Carlos Serrano-Restrepo was charged earlier this 12 months and was subsequently indicted for possession of a firearm by an alien unlawfully within the U.S., in accordance with WSYX.
The Bureau of Alcohol, Tobacco, Firearms and Explosives started investigating and watching Serrano-Restrepo after he bought not less than 22 firearms, and claimed to be a U.S. citizen on the firearms varieties.
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Brokers performed a search of his house and seized roughly 170 firearms, tens of hundreds of rounds of ammunition and smoke/marine markers.
Serrano-Restrepo stated a few of the weapons have been bought for self-defense.
Pictures that brokers took at his house revealed he stored firearms in gun safes. Some handguns have been additionally mounted in holsters on the wall of a closet.
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The suspect’s lawyer submitted a movement to dismiss the cost on the argument that he has the fitting to bear arms below the Second Modification.
The decide denied his movement to dismiss the cost on Thursday, writing in his opinion that “disarming illegal immigrants like Mr. Serrano-Restrepo who haven’t sworn allegiance to the US comports with the Nation’s historical past and custom of firearm rules.”
“Mr. Serrano-Restrepo’s as-applied problem lacks advantage,” the decide continued. “The swearing of an oath of allegiance happens via the naturalization course of, not via his asylum software or his years of residing in the US.”
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His trial is scheduled for Jan. 21, 2025.
Serrano-Restrepo moved from Arizona to Orient, Ohio, in 2022. He informed the court docket he final unlawfully entered the U.S. in 2008.Â
He additionally owns a enterprise that remediates hearth and flooding harm.