2nd Amendment does not protect illegal alien who allegedly lied on gun form, judge rules



An illegal alien who has lived in the U.S. for nearly two decades is not protected under the Second Amendment, a federal judge has ruled.

Carlos Serrano-Restrepo is a foreign national who currently resides in Orient, Ohio, about an hour east of Springfield, having last crossed the border to enter the U.S. in April 2008. Since then, he has bought a home and opened a business that helps remediate fire and flood damage, according to WSYX.

He previously lived in Arizona but moved to Ohio in 2022, under the Biden-Harris administration, and filed an asylum claim, fully 14 years after his arrival in the U.S. That claim remains pending.

In 2023, the Biden-Harris Department of Homeland Security approved Serrano-Restrepo's application to work legally in the U.S., at least until March 2025, and the Social Security Administration approved his application for a Social Security number.

'The swearing of an oath of allegiance occurs through the naturalization process, not through his asylum application or his years of living in the United States.'

Around this time, Serrano-Restrepo also managed to amass a significant assortment of firearms, some of which were reportedly purchased for self-defense. During these purchases, he allegedly stated on ATF Form 4473 "that he had citizenship in the United States and that he was neither unlawfully in the United States, nor admitted under a nonimmigrant visa," court documents said.

After obtaining an Ohio driver's license, Serrano-Restrepo once again filled out the form, allegedly claiming he had dual citizenship in the U.S. and Colombia and that he "was not unlawfully in the United States or admitted under a nonimmigrant visa."

The purchase of at least 22 firearms and the apparent lies about citizenship on the forms caught the attention of the ATF, which began investigating him.

Last January, ATF agents seized approximately 170 weapons, many of which were displayed in gun safes and closets, and thousands of rounds of ammunition from his residence. In July, a grand jury indicted Serrano-Restrepo for possession of a firearm by an alien unlawfully in the U.S.

His attorney then filed a motion to dismiss the charges, arguing that even though Serrano-Restrepo is in the country illegally, he is protected under the Second Amendment since he "has been part of the national community and developed sufficient connections with the United States to be considered part of its community."

On Thursday, Judge Edmund A. Sargus Jr. of the Eastern Division of the Southern District of Ohio denied that motion to dismiss. Citing the 2022 Bruen decision of the Supreme Court, which severely restricts when the government can regulate gun ownership in America, Sargus claimed that the U.S. has a history of preventing groups of "outsiders" deemed to be national security threats from arming themselves.

"At the time the Second Amendment was ratified in 1791, the Government contends that the Second Amendment did not protect the right to bear arms of 'outsiders,' such as Native Americans, Catholics, and Loyalists who refused to swear oaths of allegiance," Sargus wrote. "These outsiders were disarmed because they were perceived as dangerous to public safety or social stability, and thus not trusted to possess firearms."

In the same way, the U.S. government is within its rights to restrict Serrano-Restrepo, an illegal alien outsider who has never sworn a formal oath of allegiance to America, from bearing arms, Sargus ruled.

"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," Sargus continued. "Mr. Serrano-Restrepo’s as-applied challenge lacks merit. The swearing of an oath of allegiance occurs through the naturalization process, not through his asylum application or his years of living in the United States."

Serrano-Restrepo's trial is scheduled to begin January 21, 2025.

Steve Nolder, an attorney representing Serrano-Restrepo, told Blaze News that his client "did not pose any danger" with his weapons collection and that he is "very disappointed" with Judge Sargus' decision.

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4 things Elon Musk told Joe Rogan before his 11th-hour Trump endorsement



Joe Rogan, the massively popular podcaster who supported Sen. Bernie Sanders (I-Vt.) in 2020 and signaled he would back Florida Gov. Ron DeSantis (R) were he to go the distance in 2024, long expressed reluctance about having President Donald Trump on his show.

Rogan finally gave in late last month and sat down for three hours with the Republican president for an interview that went viral despite YouTube's apparent censorship efforts. Although the titular host of "The Joe Rogan Experience" appeared receptive to Trump's various policy proposals and his commentary about the issues facing the nation, Rogan refrained from endorsing the president — until Monday night after Elon Musk detailed his own reasons for backing Trump.

Rogan noted after the nearly three-hour interview Monday that Musk, a former Democrat, made "the most compelling case for Trump you'll hear" and agreed with the tech magnate "every step of the way."

While their conversation was replete with indications that might account for why Rogan finally endorsed Kamala Harris' opponent — such as the falsity of both the Democrat-constructed Russian collusion narrative and the party's promise of change; Harris' censorial reflex and dislikable personality; economic woes; Democrats' failure or unwillingness to tackle crime; reckless government spending; the border crisis; the promise of Trump's "Make America Healthy Again" movement; and the slaying of Peanut the squirrel — Musk highlighted four key reasons Trump was the optimal choice.

To save America from a 'one-party state'

Musk, who has reportedly poured hundreds of millions of dollars into efforts to see Trump elected, emphasized that should the Republican candidate lose the election, America will in turn "lose the two-party system."

The tech billionaire reasoned that there are only a handful of swing states where the margin of victory is small, "often 10 or 20,000 votes."

Musk echoed the concern Rogan raised with Sen. John Fetterman on the previous episode, namely that "the Democrat administration has been ... importing vast numbers of illegal aliens into swing states."

"What we're seeing is triple-digit increases in the numbers of illegals in every swing state. Some cases, 700% increases. These are gigantic numbers," said Musk, stressing that these numbers are far in excess of what would be necessary to permanently lock swing states for the Democrats.

'If Trump doesn't win, this is the last election.'

"Once the swing states vote blue, there is no election anymore," continued Musk. "There's only a Democrat primary."

"Which is so crazy," Rogan responded. "And it's so crazy that people are fine with that."

Musk indicated that the ultimate result would be a "one-party state" whose Democratic commissars could continue the project of overwhelming resistive states with illegal aliens until the remaining resistance is electorally neutralized.

While the Tesla CEO intimated that amnesty might play a big role in this scheme, he indicated that illegal aliens will be able to put their thumbs on the scale long before receiving citizenship, referencing successful Democratic efforts to eliminate voter ID laws.

Steven Camarota, the director of research for the Center of Immigration Studies, noted in a recent op-ed that illegal aliens are also counted in the census, meaning blue states will enjoy greater and greater representation in Congress the longer the border crisis goes unchecked.

"If Trump doesn't win, this is the last election," reiterated Musk.

Rogan replied, "I think you're right."

To save the Constitution

Musk noted that there has been a concerted campaign by Democrats to infringe upon Americans' rights and to render the Constitution a dead document.

"There have been all these attacks on the Constitution, especially on the Democrat side. They have been repeatedly saying that the First Amendment is an obstacle," said Musk. "And they're claiming, 'Oh, the First Amendment is enabling disinformation, misinformation.' And I'm like, 'Yo, there's a reason for the First Amendment.'"

Democrats have been explicit about their problems with the First Amendment and the speech rights it guarantees.

Tim Wu, a former special assistant to President Biden for competition and tech policy and author of one of Biden's executive orders, complained in July that the "First Amendment is out of control" and recommended reining it in.

Former Biden-Harris climate czar John Kerry noted during a World Economic Forum panel discussion on trade and so-called sustainability in September that "our First Amendment stands as a major block to the ability to be able to just, you know, hammer ['disinformation'] out of existence."

The Biden-Harris administration has evidenced in practice its hostility toward free speech. For instance, it leaned on social media companies to silence dissenting voices during the pandemic; launched the Department of Homeland Security's short-lived Disinformation Governance Board and tasked an advocate for deplatforming Trump to run the censorship outfit; weaponized the State Department to clamp down on undesirable speech; and worked to control speech on the internet.

"If you don't have freedom of speech, you don't have democracy," Musk told Rogan. "If you don't have freedom of speech, people cannot make an informed vote. If they're just being fed propaganda, and there's no freedom of speech, democracy is an illusion."

Musk noted further that the Second Amendment — similarly under assault by Harris and her fellow Democrats — serves to ensure Americans can fight off those tyrannical forces that would dare undermine the First Amendment.

"I've had these debates, especially with people in L.A., because they want to take everyone's guns away, and I'm like, 'Yo, can you guarantee me that the government — that we'll never have a tyrannical government in the United States? Can you make that guarantee?' They're like, 'Well, nobody can make that guarantee.' I'm like, 'Then we need to keep our guns,'" said Musk. "Because that's what's going to stop it."

Harris' campaign website noted that if elected, she would "ban assault weapons and high-capacity magazines, require universal background checks, and support red flag laws that keep guns out of the hands of dangerous people."

In the past, Harris has threatened to storm the homes of law-abiding Americans for surprise gun inspections and sponsored a handgun ban.

To save America from suffocating regulation

Musk told Rogan that regulation has stymied innovation, such that it apparently takes longer for Space X to gain approval from regulatory agencies for a rocket launch than it takes to build the actual rockets.

When making his case for why a return to Trump's style of relative deregulation is optimal, Musk likened regulators to referees in a game of football.

"You don't want to have no refs. You want to have some number of refs. But you don't want to have way more refs than players," said Musk. "'Well, the running back couldn't complete the pass because there were too many regulators in the way because the football field was full of regulators.' Like, you can't even play the game."

Musk said in September that if Trump wins, "We do have an opportunity to do kind of a once-in-a-lifetime deregulation and reduction in the size of government."

To save America from foreign entanglements

The duo broached the subject of the left's desperate attempts to liken Trump to Adolf Hitler. Musk made a point of noting that Hitler is so despised because he committed genocide and effectively started war with Western civilization.

"Tell me about the wars and genocide that Trump did. Uh, I don't remember that, and he was president for four years," said Musk. "It's insane. It makes no sense."

Rogan noted, "He's campaigning on stopping all the wars. It's like his primary concern."

'Vote like your life depends on it because I think it does.'

"Exactly! The war mongers like Liz Cheney hate him," added Musk. "Because they love war. ... They profit off of war."

Former Jan. 6 committee member Liz Cheney and her father, Dick Cheney — a champion of the invasion of Iraq, which cost thousands of U.S. service lives and trillions of dollars — are among the interventionists who have backed Harris. Harris and Cheney recently denounced Trump's "isolationism," calling his aversion to foreign entanglements "dangerous."

Rogan indicated that he felt a sense of cognitive dissonance when the left celebrated Dick Cheney's Harris endorsement: "It's the craziest turn — the craziest 180 I've ever seen in my life."

"Yeah, can we play all the videos where you said Dick Cheney was the devil?" Musk replied, laughing.

"The war-profiteers hate Trump," said Musk. "Which is f***ed up. ... We should be like, 'Yeah, let's vote for the guy war-profiteers hate. That sounds like a great idea.'"

The tech billionaire noted further that the "Kamala puppet regime" is a guarantee for more war.

Musk concluded the interview by emphasizing the "men need to vote."

"This is a message to the men out there: Vote like your life depends on it because I think it does," said Musk. "Nothing is more important."

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Kamala Harris Once Suggested It 'Would Be Great' To Ban All Gun Ownership

Kamala Harris once suggested it "would be great" to ban all gun ownership but said such a policy was unlikely and a "long way off" due to constitutional obstacles, according to a previously unreported audio recording.

The post Kamala Harris Once Suggested It 'Would Be Great' To Ban All Gun Ownership appeared first on .

Elon Musk to give away $1M daily to swing state voters — and Gov. Shapiro thinks law enforcement should investigate



Pennsylvania Gov. Josh Shapiro (D) called for law enforcement officials to look into Elon Musk's America PAC, which has vowed to give $1 million per day away at random to swing state voters who sign its petition.

During a Sunday interview on NBC's "Meet the Press," Shapiro questioned the legality of Musk's giveaway.

'It does raise some serious questions.'

Host Kristen Welker asked Shapiro, "Elon Musk says he will be giving away a million dollars every day to random voters who sign his super PAC's petition. You are a former attorney general — is this legal?"

Shapiro responded, "I think there are real questions with how he is spending money in this race, how the dark money is flowing not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning."

According to Federal Elections Commission filings, Musk is the sole donor of the America PAC, despite Shapiro's claims it is comprised of "dark money." Between July and September, Musk provided roughly $75 million in contributions, Fox News Digital reported.

Shapiro continued, "Look, Musk obviously has a right to be able to express his views. He's made it very, very clear that he supports Donald Trump. Obviously, we have a difference of opinion. I don't deny him that right, but when you start flowing this kind of money into politics, I think it raises serious questions that folks may want to take a look at."

Welker pressed Shapiro once more about whether he believed the giveaway was legal.

"I think it's something that law enforcement can take a look at," Shapiro declared. "I'm not the attorney general anymore of Pennsylvania; I'm the governor. But it does raise some serious questions."

In a post on X, Musk responded to Shapiro's comments, writing, "Concerning that he would say such a thing."

Musk's America PAC vowed to give away $1 million each day leading up to Election Day. Winners, two of whom have already been announced, will be chosen at random. To be eligible, individuals must be registered to vote in a swing state — including Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, or North Carolina — and sign a petition pledging support for the First and Second Amendments.

Signers can also receive $47 for each registered voter they refer to sign the petition.

"Sign our petition to support the Constitution of the United States!" Musk wrote on X.

Musk stated during a town hall event that getting the word out about the petition was challenging because the "legacy media won't report it."

"How do we get people to know about it? Well, this news, I think, is gonna really fly," he said, referring to the cash giveaway announcement.

In July, Musk declared his endorsement of former President Donald Trump. The Republican presidential nominee stated that if he secures the upcoming election, Musk will be appointed as the "Secretary of Cost-Cutting" to slash government waste, Blaze News previously reported.

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Tim Walz's attempt to woo men with hunting-themed photo op backfires



Kamala Harris and her running mate, Minnesota Gov. Tim Walz, have major issues with red-blooded American men and the Second Amendment. In a desperate effort to gain the support of the former and simulate support for the latter, Walz donned an orange hat and participated in a hunting-themed photo op on Saturday near Sleepy Eye, Minnesota.

This attempt to rehabilitate Walz's public image backfired — especially after footage circulated online showing the Democratic governor struggle with his firearm.

On Oct. 3, Trump campaign strategist Chris LaCivita noted on X, "Word on the street is Tampon Tim will be staging a Pheasant hunt soon ... manicured hands and all to prove that he is in fact not really a 'Beta' ... this will be fun to watch."

Sure enough, following days of mockery — during which Elmer Fudd memes and AI-generated images of Walz loading a shotgun with feminine hygiene products figured prominently — the Democratic governor participated in the 12th annual Minnesota Governor's Pheasant Hunting Opening in Sleepy Eye, then promptly shared a video documenting his failure to shoot a bird.

'This is just embarrassing.'

The proud gun-control supporter can be seen in the video walking around with a shotgun, chugging a diet Mountain Dew, and telling the tale of the time he allegedly "got a double."

While birds safely fluttered in the distance, Walz shared a few one-liners, including, "That's why it's hunting, not shooting, right?" and "There's good days and there's great days pheasant hunting."

After his not-so-great day pheasant hunting, critics seized upon a clip showing the governor struggle to load his shotgun.

Former Spartanburg Police Officer Cody Garrett, writing as Donut Operator, noted on X, "For a lifelong hunter, you sure were having trouble loading your own gun."

Another user wrote, "Bruh.. come on. This is just embarrassing. It's a good thing you defected before your deployment."

"Tim Walz claimed he carried 'weapons of war in combat' but he can’t load a shotgun? This guy is beyond weak. My little sister could beat him up," tweeted country music singer John Rich.

Rep. Derrick Van Orden (R-Wis.) was among the many who had some fun at Walz's expense, tweeting, "SLING AND A MISS."

"My prediction was in fact accurate," wrote LaCivita. "Staged ..and watching him bumbling around trying to load his shot gun was fun."

Referring to cable news footage of the outing, the Trump War Room noted, "MSNBC implies that Tim Walz going pheasant hunting is nothing more than a desperate attempt to make up ground with male voters. Sorry Tim, men aren't voting for a gun grabber."

The Harris-Walz campaign has significant ground to make up with male voters in the final weeks before the election.

A recent New York Times/Siena College poll revealed that 51% of likely male voters said they would vote for Trump. Only 40% of men said they would vote for Kamala Harris. This gendered skew is pronounced in swing states such as Arizona and Nevada, where a recent Suffolk University/USA TODAY survey indicated Hispanic men are majoritively keen to vote for Trump.

Although immigration appears to be a top concern for many likely male voters who are now supporting Trump, Harris and Walz may also have alienated men with their records on gun rights.

'The hunting community, in my opinion, will vote for someone that puts America first.'

The Harris campaign website indicates that if elected, she would "ban assault weapons and high-capacity magazines, require universal background checks, and support red flag laws that keep guns out of the hands of dangerous people."

Harris previously threatened to storm the homes of law-abiding Americans for surprise gun inspections; endorsed a handgun ban without buybacks; and signed an amicus curiae brief both justifying a total handgun ban and suggesting that the Second Amendment does not secure an individual right but rather a "collective" or "militia-related" right.

The Washington Post noted that unlike Harris, Walz was not always hostile to the Second Amendment, having once earned an "A" rating from the National Rifle Association. However, in recent years, he has become a zealous anti-gun activist, proudly earning nothing but straight "F" ratings and publicly blasting the NRA as "the biggest single obstacle to passing the most basic measures to prevent gun violence in America."

Walz has since boasted of his efforts to ban bump stocks and assault rifles, as well as his fight to prevent concealed-carry reciprocity. In June, Walz ratified legislation banning the use of binary triggers. Last year, he ratified a raft of gun-control measures, including universal background checks and a red-flag law.

Walz's photo op is unlikely to make critics forget about his record or Harris', just as it appears to have done little to win over hunters and conservationists.

Gabriella Hoffman, director of the Center for Energy and Conservation at the Independent Women's Forum, told the Spectator, "No $40 camo hat will convince most sportsmen and women that Harris-Walz represents them."

"Vice President Harris has been an active partner with President Biden in being the most hostile administration to shooting sports, hunting, and fishing access. Her name is co-signed on closing millions of acres of public hunting lands in Alaska, forbidding lead tackle on national wildlife refuges, and recently shutting down shooting sports opportunities in the entirety of Bears Ears National Monument — 1.3 million acres," said Hoffman. "Hunters and anglers don’t trust Harris-Walz."

Derek Wolfe, host of the outdoorsman podcast "Wolfe Untamed," said, "They have made it clear that they are coming for guns, fracking, gas-powered vehicles, just to name a few. They know that 10 million hunters didn't vote in the last election, so they are reaching out, but it's a waste of their time because the hunting community, in my opinion, will vote for someone that puts America first. And I believe that man is Donald J. Trump."

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