A federal judge in Ohio has denied a request to dismiss a gun charge against an illegal immigrant who has been residing in the U.S. for over 15 years. Carlos Serrano-Restrepo faces charges of possession of a firearm as an alien unlawfully in the country. The Bureau of Alcohol, Tobacco, Firearms and Explosives initiated an investigation after Serrano-Restrepo purchased 22 firearms and falsely claimed to be a U.S. citizen on firearms forms.
During a search of his residence, authorities seized approximately 170 firearms, along with tens of thousands of rounds of ammunition and smoke/marine markers. Serrano-Restrepo defended his firearm purchases as being for self-defense purposes. Photos taken by agents revealed that he stored firearms in gun safes and had handguns mounted in holsters on the wall of a closet.
Despite his lawyer's argument that Serrano-Restrepo has a Second Amendment right to bear arms, the judge ruled against dismissing the charge. The judge emphasized that disarming unlawful immigrants who have not sworn allegiance to the U.S. aligns with the nation's history of firearm regulations. The judge further stated that the oath of allegiance is taken during the naturalization process, not through asylum applications or years of residency in the country.
Serrano-Restrepo's trial is set for January 21, 2025. He relocated from Arizona to Orient, Ohio, in 2022 and admitted to last unlawfully entering the U.S. in 2008. Additionally, he owns a business specializing in fire and flooding damage remediation.
