Federal Judge Denies Gun Rights Claim of Illegal Immigrant with 170 Firearms

A federal judge denied a motion to dismiss a firearm charge against Carlos Serrano-Restrepo, an undocumented immigrant residing in Ohio, who was found with 170 firearms. The court ruled that firearm possession by individuals unlawfully in the U.S. does not align with historical or traditional Second Amendment interpretations.

ORIENT, OH (2-minute read) — A federal judge has denied the dismissal of a firearm possession charge against Carlos Serrano-Restrepo, an undocumented immigrant living in Orient, Ohio. Serrano-Restrepo, who has been in the United States illegally for nearly two decades, was arrested in early 2024 and later indicted for unlawfully possessing firearms as an alien.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began investigating Serrano-Restrepo after he purchased at least 22 firearms and falsely claimed U.S. citizenship on the required federal forms. A search of his residence revealed a significant arsenal, including 170 firearms, tens of thousands of rounds of ammunition, and a .50 caliber Barret rifle. Firearms were stored in gun safes and mounted on walls, and Serrano-Restrepo claimed that some were intended for self-defense.

In court, Serrano-Restrepo argued that the Second Amendment protected his right to bear arms despite his immigration status. However, the federal judge ruled otherwise, stating that disarming individuals unlawfully in the U.S. aligns with the country’s longstanding firearm regulations. The court emphasized that the right to bear arms in America is historically tied to citizens and those who swear allegiance through naturalization.

Serrano-Restrepo, who owns a fire and flood damage remediation business, moved to Ohio in 2022 from Arizona. He last entered the country without authorization in 2008. The judge’s decision reaffirms the legal precedent restricting firearm ownership for individuals not legally residing in the U.S., citing national security and public safety considerations.

Safety Tip: Always ensure you understand both federal and state laws regarding firearm ownership, as regulations may vary based on residency, citizenship, and other legal factors.