COLUMBUS, Ohio — A man living in the U.S. illegally was denied his legal challenge to keep a stockpile of 170 firearms, including a .50-caliber Barrett sniper rifle and multiple AR-style weapons, after a federal judge ruled that undocumented immigrants are not entitled to Second Amendment protections.
Carlos Serrano-Restrepo, who has been in the country illegally since 2008 but pays taxes and possesses a work authorization card, was arrested earlier this year by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal prosecutors charged him with unlawfully possessing firearms as an undocumented immigrant.
In court filings, Serrano-Restrepo argued that his weapons collection was for “self-defense” and that his contributions as a taxpaying citizen of Ohio granted him rights under the Second Amendment. However, U.S. District Judge Edmund Sargus rejected the argument in a Nov. 21 ruling, stating that firearm ownership is reserved for those who have formally sworn allegiance to the United States.
“Disarming unlawful immigrants like Mr. Serrano-Restrepo … comports with the Nation’s history and tradition of firearm regulations,” Sargus wrote in his decision, which was made public Saturday by CBS affiliate WSYX.
Court documents reveal that Serrano-Restrepo had entered the U.S. illegally in March 2008 and later acquired a Social Security number and work authorization card. He established a successful business and paid taxes for years, claiming these ties made him part of the “national political community” deserving of constitutional protections.
However, authorities noted that Serrano-Restrepo only applied for asylum in 2022, well after his entry into the U.S. Federal prosecutors argued that his immigration status prohibited him from legally owning firearms, regardless of his contributions or residency.