Posted on 10/13/2022 11:36:35 AM PDT by aimhigh
A West Virginia federal judge has ruled unconstitutional the government law against possession of firearms with obliterated, altered, obscured or removed serial numbers. U.S. District Judge Joseph R. Goodwin's ruling, if it isn't overturned upon appeal, would strip away an important tool for law enforcement in investigating gun crimes.
(Excerpt) Read more at wvnews.com ...
Shall not infringe
why would someone obliterate the serial number on their firearm?
Will be overturned on appeal............
In case of a tragic boating accident......................😉
asking for a friend?
“why would someone obliterate the serial number on their firearm?”
Because the weapon is made from pieces of multiple weapons. You file the old serial number off the replacement barrel
The real surprise is that the judge is a Clinton appointee.
Maybe they found the number aesthetically unpleasing? It’s their property, they can do whatever they want to it.
“why would someone obliterate the serial number on their firearm?”
For that matter before the GCA of 1968, it was legal under federal law for non-felons to buy and sell firearms across state lines to anyone they pleased. Felons found in possession of firearms (serial numbers or no) could and were prosecuted.
Imagine a time when it was none of the Federal government’s business what firearms you bought and/or who you bought them from.
I do realize that the Feds did and still does have tax-stamp requirements for certain firearms and suppressors.
You are wrong. The 1968 Gun Control Act is when the prohibition on felons possessing firearms began. Prior to that it wasn’t illegal at the federal level.
“I do realize that the Feds did and still does have tax-stamp requirements for certain firearms and suppressors”
Yeah, reasonable regulation is reasonable.
Tell me...how much “reasonable regulation” do they exercise when handing out surface to surface missile systems and other fun stuff to itinerant Ukrainians right now?
Just asking in case we end up with the same rights and you know, wanna buy some household tacnukes.
“if it isn’t overturned upon appeal, would strip away an important tool for law enforcement in investigating gun crimes.”
Not really. Crimes solved with serial numbers are easily far less than 1%. The main use for them is to be able to say, “the felon was in possession of Glock SN#345678”... or “the person sold the undercover agent a Glock pistol SN#345678 which was modified to fire fully automatic”.
But in both cases, that gun in question SHOULD have been tagged into evidence to be presented at trial. Serial numbers are not used to “solve crimes” despite hit movies and TV shows. Cops don’t find guns, trace the number, and then have proof that Professor Plum, did it in he drawing room, with the pistol.
Maybe they are Vietnamese and it’s their unlucky number....
Because they aren’t a supplicant. Also, to commit crime without much of a trace.
*why would someone obliterate the serial number on their firearm?*
Maybe they don’t trust government?
The main use I have seen for serial numbers is for the government to smuggle them to cartels against the gun store owners warnings, “find” them at the scene of a cartel shootout in Mexico, and then use the number as “proof” that Jim’s gun store in Lubbock Texas is fueling violence in Mexico.
“Because the weapon is made from pieces of multiple weapons. You file the old serial number off the replacement barrel”
The barrell is NOT the serialized and “registered” part. There would be no crime committed of the serial number was removed from the barrell.
That said. On old guns, especially older ones that had the SN ONLY engraved once on the receiver, through age, wear and constant cleaning over time it is possible the serial number will become illegible and therefore become legally a defaced serial number.
Or pre serial numbered guns that were half assed-ly engraved with a single serial number tend to be prone to removal from routine use.
Most (all) modern guns will have the sn engraved in multiple locations.
How ALL sn’s on modern guns could be removed through honest wear and over time unintentionally (IMO) is questionable.
That said, personally, I am unsure, legally, which way this should go.
If the judge is looking at this with fresh STRICT scrutiny eyes. Then it is nothing if not refreshing to hear something like this being taken at face value and considered from scratch.
****why would someone obliterate the serial number on their firearm?****
Does the serial number stop someone from committing a crime with a gun? A serial number is a feel good nonsensical item that doesn’t do anything unless your gun is stolen and you need to prove it’s yours.
But chances of getting a stolen gun back is almost zero....but chances of using a S/N as a means of “gun registration” is much higher.
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