Judge Answers Question: Do Illegal Immigrants Have A Right To Keep And Bear Arms?

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Summary

➡ An illegal immigrant in Ohio, Carlos Serrano Restrepo, was caught with over 170 firearms and claimed his right to own them under the Second Amendment. However, a federal judge denied his claim, stating that the right to bear arms applies to those who have sworn allegiance to the U.S. or have a sufficient connection with the country. The judge emphasized that this allegiance is typically shown through the naturalization process, not simply by living in the U.S. Restrepo’s trial is set for January 2025.

Transcript

Do illegal immigrants have a Second Amendment right to own firearms here in the United States? That’s been part of a heated debate over the last few months, and we now have a legal answer. Of course, the correct answer is no, but wait till you hear what the judge said here in this case based in Ohio. The ATF was investigating Carlos Serrano Restrepo, an illegal immigrant, like I said, who was living in Ohio. He has lived in the United States for more than 15 years, moving from Arizona to Orient, Ohio in 2022. ATF conducted surveillance after he completed a purchase for at least 22 firearms while claiming to be a U.S.

citizen on the 4473 forms, also known as the NICS background check forms. Now, ATF agents conducted a search of his home and seized roughly 170 firearms, 10,000 rounds of ammunition, and smoke and marine markers as well. Serrano Restrepo claimed that he has a Second Amendment right to own firearms and sought to have the gun charges dismissed after he was indicted for being an illegal alien in possession of a firearm in the United States of America. Like I said, wait till you hear what the judge said, but first I want to thank the sponsor of the video, Lear Capital.

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The suspect’s lawyer submitted a motion to dismiss the charges on the argument that he has the right to bear arms under the Second Amendment. Well, Federal Judge Edmund A. Sargus, Jr. of the Southern District of Ohio, Eastern Division Federal Court, denied his motion to dismiss the charges on Thursday. He wrote in his opinion that, quote, disarming unlawful immigrants like Mr. Serrano Restrepo, who have not sworn allegiance to the United States, comports with this nation’s history and tradition of firearm regulations. Mr. Serrano Restrepo’s as-applied challenge lacks merit. The Supreme Court has suggested that the term the people protected by the Second Amendment refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.

The judge went through history and pointed to numerous U.S. statutes, noting that, quote, they reveal that there was a well-established tradition of prohibiting the possession of firearms by those who did not swear loyalty to their government or political community. He added, the swearing of an oath of allegiance occurs through the naturalization process, not through the asylum application or years of living in the United States. Now, his trial is scheduled for January 21st of 2025, and I think this judge got it right. If you are here illegally, then you do not get any of our goodies that are kept up in a present that our founders gave to us entitled to the United States Constitution.

Am I wrong? Tell me I’m wrong. I also think that if it were that easy, like, could an American go to another country and just raise hell, do what they want and say, well, we get that right because we’re here. Nobody would let us do it. Why do we let other people do it, guys and gals? Crazy. I just wanted to bring this to you because I think this is a good ruling. But what do you think? Sound off down below. If you love the Second Amendment, subscribe to the channel down below.

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See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.

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