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-Lurid Crime Tales-
Judge rejects 2nd Amendment argument from illegal immigrant living in Ohio charged over possession of 170 guns
2024-11-25
[FoxNews] Agents seized roughly 170 firearms, tens of thousands of rounds of ammunition and smoke/marine markers from Carlos Serrano-Restrepo's home

A federal judge denied a request to dismiss a gun charge against an illegal immigrant in Ohio who had been in the U.S. for more than 15 years, rejecting the man's argument that he has a right to bear arms.

Carlos Serrano-Restrepo was charged earlier this year and was subsequently indicted for possession of a firearm by an alien unlawfully in the U.S., according to WSYX.

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

Agents conducted a search of his home and seized roughly 170 firearms, tens of thousands of rounds of ammunition and smoke/marine markers.

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

Photos that agents took at his home revealed he kept firearms in gun safes. Some handguns were also mounted in holsters on the wall of a closet.

The suspect's lawyer submitted a motion to dismiss the charge on the argument that he has the right to bear arms under the Second Amendment.

The judge denied his motion to dismiss the charge on Thursday, writing in his opinion 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."

"Mr. Serrano-Restrepo’s as-applied challenge lacks merit," the judge continued. "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."

His trial is scheduled for Jan. 21, 2025.

Serrano-Restrepo moved from Arizona to Orient, Ohio, in 2022. He told the court he last unlawfully entered the U.S. in 2008.

He also owns a business that remediates fire and flooding damage.
Posted by:Skidmark

#5  The United States is either a place or a nation, depending on your political point of view. For many liberals it seems, being inside the borders of this "place" gives all the benefits and protections defined by the founding documents, regardless of how you get here, and special extra benefits are awarded if you seem likely to agree with them.

For a conservative, quite the opposite view. Citizens alone have the right to expectations of all the rights, benefits and obligations of being an American. Legal "house guests" and those we invite to stay and join the family because they bring skills, attitudes and abilities of value are welcome as long as they behave. People who break in should have no expectation of welcome or protection beyond civilized treatment as they are escorted out, and if they resist, will be dealt with as firmly as required, never to return.
Posted by: NoMoreBS   2024-11-25 13:44  

#4  I think that the Supreme Court may have already ruled that illegals have no 2A protection. His deportation will be a white knuckle proposition.
Posted by: Super Hose   2024-11-25 12:24  

#3  I'm all for the "legal rights belong only to citizens" school of thought.
Posted by: ed in texas   2024-11-25 09:16  

#2  10 U.S. Code § 246 - Militia

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

non-citizen do not have 2A protection. 2A "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Posted by: Procopius2k   2024-11-25 07:42  

#1  Restrepo is a common family name in Colombia.
Posted by: Albert Pelosi3459   2024-11-25 06:49  

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