Hector Diaz, arrested during marijuana business raids, says weapons charge unconstitutional

DENVER - A Colombian national who was arrested during raids on Colorado medical marijuana businesses says the federal case against him is unconstitutional.

Forty-nine-year old Hector Diaz asked a judge last week to dismiss the indictment against him because it is a violation of his Second Amendment right to bear arms, among other reasons. Diaz is charged with possession of a firearm while in the U.S. on a business or tourism visa. He was arrested during the Nov. 21 raids on more than a dozen sites, many of them medical marijuana businesses in Denver and Boulder.

After Diaz's arrest, prosecutors released a photo they said shows him wearing a U.S. Drug Enforcement Agency cap while holding two semi-automatic rifles and two handguns.

Prosecutors haven't disclosed the reasons for the raids.
 

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