A federal judge ruled that an illegal immigrant in Ohio charged with unlawfully possessing roughly 170 firearms is not protected by the Second Amendment.
Carlos Serrano-Restrepo continues to face the gun charge after claiming to be a U.S. citizen on forms he filled out to purchase weapons. He was indicted for possession of a firearm by an alien unlawfully in the U.S.
He admitted to entering the U.S. illegally in 2008 before moving from Arizona to Ohio in 2022.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began an investigation after the purchase of almost two dozen guns by Serrano-Restrepo. A raid on his home uncovered firearms kept in safes and on closet racks.
Agents seized approximately 170 weapons and tens of thousands of ammunition, along with other items. One of the weapons taken by the ATF reportedly was a .50 caliber Barret rifle.
Serrano-Restrepo’s attorney claimed in a court filing that he has the right to keep and bear arms under the Constitution.
But the judge dismissed this argument on Thursday, determining that the challenge “lacks merit.” The judge added 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.”
The judge further brushed aside Serrano-Restrepo’s assertion that part of his collection was for self-defense.
In August, the 5th U.S. Circuit Court of Appeals in New Orleans upheld the federal law barring those in the nation illegally from possessing weapons. Despite the re-establishment of gun rights by 2022’s monumental Supreme Court decision in the Bruen case, the appeals court determined that the Second Amendment does not protect illegal immigrants.
The three-judge panel concluded that a previous 5th Circuit ruling that the Second Amendment does not cover those in the U.S. illegally was correct.
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