A federal judge has rejected a motion to dismiss a firearms charge against an illegal immigrant in Ohio, affirming that the Second Amendment does not extend to individuals unlawfully residing in the U.S.

Carlos Serrano-Restrepo, who has lived in the United States for over 15 years, was indicted earlier this year for possession of a firearm by an alien unlawfully present in the country, according to WSYX. Serrano-Restrepo argued through his attorney that his right to bear arms under the Second Amendment was being infringed.

Illegal alien, Carlos Serrano-Restrepo, who was arrested for having at least 170 guns and tens of thousands of rounds of ammunition, is denied his request to dismiss the charges on the grounds he has 2nd Amendment rights.
So illegal alien breaks the law to get into our country… pic.twitter.com/xVfMt0gKT6

— ovrt1me (@OVRT1ME) November 25, 2024

However, the judge denied the motion on Thursday, writing, “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.” The court emphasized that taking an oath of allegiance is a step in the naturalization process, not a consequence of simply living in the U.S. for an extended period or applying for asylum, writes the New York Post.

Serrano-Restrepo, who moved from Arizona to Orient, Ohio, in 2022, came under investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) after purchasing at least 22 firearms while falsely claiming U.S. citizenship on required forms.

During a search of his residence, agents seized approximately 170 firearms, tens of thousands of rounds of ammunition, and smoke/marine markers. Photos taken during the search revealed Serrano-Restrepo stored many firearms in safes, while some handguns were mounted in holsters on a closet wall.

Serrano-Restrepo told investigators that some of the firearms were for self-defense.

The judge concluded that “Mr. Serrano-Restrepo’s as-applied challenge lacks merit,” reinforcing that the Second Amendment does not apply to individuals who have not legally sworn allegiance to the U.S.

Serrano-Restrepo last unlawfully entered the U.S. in 2008 and operates a business that handles fire and flood damage remediation.

His trial is scheduled to begin on January 21, 2025.