A federal decide just lately denied a request by an unlawful alien, who had bought 170 weapons and undergone a number of background checks, to drop unlawful gun possession prices as a result of he claimed they violated his Second Modification proper to bear arms.
In keeping with a Fox Information report, Carlos Serrano-Restrepo’s lawyer submitted a movement to dismiss the cost arguing that he has the appropriate to bear arms underneath the Second Modification. The decide denied the movement to dismiss the cost in opposition to the Ohio man, who had been within the U.S. for 15 years, writing in his opinion that “disarming illegal immigrants like Mr. Serrano-Restrepo who haven’t sworn allegiance to the US comports with the Nation’s historical past and custom of firearm laws.”
“The swearing of an oath of allegiance happens by the naturalization course of, not by his asylum utility or his years of dwelling in the US,” Choose Edmund A. Sargus Jr. wrote within the ruling.
Serrano-Restrepo had informed the decide that his firearms, which included a .50-caliber Barrett a number of AR-15s— was “for self-defense” and a part of “his assortment,” in keeping with court docket paperwork. And had he been a lawful citizen, these would have been excellent factors. The ruling that unlawful immigrants don’t have a Second Modification proper to bear arms isn’t the primary such, because the fifth Circuit Court docket of Appeals dominated in August that illegals don’t have 2A rights.
Whereas that query seems to be answered—at the very least for now—the larger query is how Serrano-Restrepo handed so many federal background checks. Every time he stuffed out the 4473, he answered that he was a U.S. citizen when he wasn’t.
ATF brokers just lately started investigating Serrano-Restrepo after he accomplished a purchase order of at the very least 22 firearms. Once they searched his residence, they discovered 170 firearms and 1000’s of rounds of ammunition.
Whereas the media would possibly make that sound like an “arsenal,” TTAG readers understand it extra as a “good gun assortment”—one thing to attempt for, to not worry. Nonetheless, the truth that somebody within the nation illegally may cross the background test simply by mendacity about his citizenship is regarding, particularly since residents are delayed day by day over small errors with out the FBI system.
Since merely mendacity on the background test is a critical crime, Serrano-Restrepo may have been charged with a 10-year felony for each time he underwent a background test whereas buying the 170 weapons. Consequently, it takes a reasonably brazen lawyer to argue earlier than a court docket of regulation that he shouldn’t face a cost of unlawful firearms possession when he may face a whole bunch if not 1000’s of years in jail for background test falsehoods.
