Fort Pierce, Fla. - The man was charged with alleged assassination of Donald Trump while running for president last year, asking a judge to dismiss some of the charges against him.

Ryan Routh plans to be assassinated before Secret Service agents found him in September at Trump's West Palm Beach Club, prosecutors said. Routh pleaded not guilty.

During a hearing in federal court Wednesday, Ruth's defense attorney argued that two charges against him should be dismissed because they violated his Second Amendment rights. Rous was charged with illegal possession of a firearm as a convicted felon and possessing a firearm with a serial number.

Federal public defender Sonia Fahrezi told U.S. District Judge Aileen Cannon that a recent court ruling showed: "The Second Amendment applies not only to law-abiding citizens." Routh had two previous felony convictions, including illegal possession of explosives. Fahrez said these beliefs should not exclude him from exercising his constitutional right to own a gun. "The lack of a serial number does not remove the gun from the Second Amendment text," she said.

Justice Department Attorney John Shipley said the regulations prohibiting felons from owning firearms remain law. "There is no legal purpose for guns with occlusion serial numbers," he said.

Judge Cannon is appointed by President Trump. She was the same judge who dismissed allegations of confidential documents against the president at his home in Mar-a-Lago.

In addition to felony firearms, Rolls faces three other charges, including attempting to assassinate a presidential candidate.

Ruth has been in federal custody since her arrest in September. A Secret Service agent for Trump's security details said he saw a gun barrel poking in several holes before the then-presidential candidate was playing golf. The agent fired at the person holding the gun. A man, who was later identified as Rolls, fled the scene and soon drove north on Interstate 95.

Routh's lawyers asked Judge Cannon to suppress witness testimony, who identified his clients as those running around from Trump's golf club.

Two hours after the incident, witnesses determined in court under his abbreviation TCM that the helicopter flew the helicopter to the location of I-95. Routh's attorney Renee Sihvola said he saw traffic from the helicopter parked on the interstate and was taken to a place where there was a suspect, a handcuffed Routh. The defense said it was "inevitably suggestive" and created "very likely" that he was misidentified.

Sihvola asked Judge Cannon to order a hearing to explore the people who ran around TCM from the golf club. "The overall situation shows that this is unreliable," Sihvola said.

Prosecutor Christopher Browne told the judge that the witness was TCM, a "good Samaritan" who heard gunfire and turned around in his car to better see the person he ran around from the golf club. "In this case, the potential for misidentification is zero," he said.

Prosecutors also asked the judge to exclude Rous' attorney from arguing that their client lacks the mental or physical ability to pose a real threat to Trump.

The SKS-style rifle that remained on site was not fired and was equipped with an oscilloscope in a temporary manner using electrical tape. Routh's lawyers want their experts to demonstrate how or if it works that day in the event of Trump's fire. The judge approved a defense request for on-site anti-fire tests on the weapon, but said that the scope or accuracy tests were not possible.

Routh's trial is scheduled to begin in September.