Sixth Circuit: Right to Keep Arms Applies to Possession of Arms

AmmoLand ^ | July 14, 2025 | Dean Weingarten

[marktwain]

In the case of Novak, et al. v Federspiel, the Saginaw County Sheriff’s Office seized fourteen guns from a cabin where a domestic violence event occurred. The cabin’s owners waited until the domestic violence case was completed. Then the owners of the cabin, who are relatives of the person charged, asserted the guns belonged to them and asked the Sheriff to return them. The guns were first taken in 2017.

The Sheriff refused to do so, saying, in part, the owners had not provided proof they owned the guns. Some of the guns were manufactured pre-1968 and were not made with serial numbers. The guns were older, and the owners did not have copies of receipts. Novak and Wenzel have filed affidavits stating they own the firearms.

Novak and Wenzel filed several state and federal cases against Sheriff Federspiel in his official and personal capacity, including claiming violation of their Constitutional rights under the  Fourth, Fifth, Fourteenth, and Second Amendment rights, in various permutations. Eventually, the lawsuits were dismissed at the state and federal level and the plaintiffs filed an appeal to the three judge panel of the Court of Appeal for the Sixth Circuit.

The three-judge panel heard the case and reversed the District Court’s summary judgment on a Fifth Amendment takings claim against Sheriff Federspiel, allowing a trial court to resolve those claims.

The three-judge panel upheld the dismissal of due process claims.

The three-judge panel examined the Second Amendment claims. They vacated the District Court’s summary judgment against the plaintiffs and sent the case back to the District Court. From the opinion, bold added:

[kiryandil]

How surprising that William "Nazi Bill" Federspiel is a Dramacrat...

Good Nazi German name, too.

[Retain Mike]

I doubt that statement. My 1891 Argentine Mauser has a serial number.

[Macoozie]

“my best friend’s dad was a Kentucky State Police officer.”
“the officers would just divvy them up and take them home”

Get better friends.

[kiryandil]

Thomas L. Ludington, a Smirking Chimp stooge, was responsible for the District Court’s summary judgment against the plaintiffs. Bush strikes again.

If he takes senior status within the next two years, we’ll give him a one-off.

Raymond Kethledge [Dubya judge], Joan Larsen [Trump judge], Andre Mathis [AutoPen Biden stooge] for the Sixth.

[bdfromlv]

I don’t think the fp45 liberator had serial numbers, 1 million produced

[OldGoatCPO]

Until 1968 serial numbers were not required. I used to have an M1908 with a number. It was used by Colt for internal tracking. Colt told when the pistol was manufactured a where it was sold. I have a very old shotgun sold by Sears and Roebuck no serial numbers.

[takebackaustin]

Fantastic work, Dean ! Thanks for what you do.

[cdcdawg]

No, but that would be a great one. I have an old family heirloom that was manufactured in 1914. It’s a smaller caliber handgun, but I am very accurate with it.

[mabarker1]

My 1891 Argentine Mauser has a serial number.

There's Your answer. Made in Argentina. The gca of 1968 is about Firearms made in the USA.