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West Virginia fed judge: Law against possession of guns with obliterated serial number unconstitutional
WVNews ^ | 10/13/2022 | Matt Harvey

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 ...


TOPICS: Constitution/Conservatism; News/Current Events; US: West Virginia
KEYWORDS: banglist; clintonjudge; josephgoodwin; josephrgoodwin; sdwestvirginia; serialnumber
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Judge's decision in article.
1 posted on 10/13/2022 11:36:35 AM PDT by aimhigh
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To: aimhigh

Shall not infringe


2 posted on 10/13/2022 11:38:16 AM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: aimhigh

why would someone obliterate the serial number on their firearm?


3 posted on 10/13/2022 11:39:02 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: aimhigh

Will be overturned on appeal............


4 posted on 10/13/2022 11:40:06 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: BenLurkin

In case of a tragic boating accident......................😉


5 posted on 10/13/2022 11:40:43 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: BenLurkin

asking for a friend?


6 posted on 10/13/2022 11:41:22 AM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: BenLurkin

“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


7 posted on 10/13/2022 11:43:04 AM PDT by Fai Mao (Stop feeding the beast, and steal its food!)
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To: aimhigh

The real surprise is that the judge is a Clinton appointee.


8 posted on 10/13/2022 11:45:46 AM PDT by vikingd00d (chown -R us ~you/base)
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To: BenLurkin

Maybe they found the number aesthetically unpleasing? It’s their property, they can do whatever they want to it.


9 posted on 10/13/2022 11:48:37 AM PDT by Boogieman
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To: BenLurkin

“why would someone obliterate the serial number on their firearm?”


Very likely for criminal reasons. But, under what authority was the requirement that firearms have serial numbers made? Before the Gun Control Act of 1968 serial numbers weren’t required. Yet crimes involving guns managed to be solved.

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.


10 posted on 10/13/2022 11:48:54 AM PDT by hanamizu
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To: hanamizu

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.


11 posted on 10/13/2022 11:52:43 AM PDT by cbvanb
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To: hanamizu

“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.


12 posted on 10/13/2022 11:53:35 AM PDT by Regulator (It's fraud, Jim)
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To: BenLurkin
why would someone obliterate the serial number on their firearm?

Who cares?

Its none of the Damn Government's business!
13 posted on 10/13/2022 11:53:56 AM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: aimhigh

“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.


14 posted on 10/13/2022 11:54:56 AM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: Boogieman

Maybe they are Vietnamese and it’s their unlucky number....


15 posted on 10/13/2022 11:55:51 AM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: BenLurkin
why would someone obliterate the serial number on their firearm?

Because they aren’t a supplicant. Also, to commit crime without much of a trace.

16 posted on 10/13/2022 11:56:51 AM PDT by thegagline (Sic semper tyrannis )
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To: BenLurkin

*why would someone obliterate the serial number on their firearm?*

Maybe they don’t trust government?


17 posted on 10/13/2022 11:57:34 AM PDT by mikelets456
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To: aimhigh

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.


18 posted on 10/13/2022 11:59:46 AM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: Fai Mao

“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.


19 posted on 10/13/2022 12:00:20 PM PDT by uranium penguin
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To: mikelets456

****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.


20 posted on 10/13/2022 12:00:33 PM PDT by mikelets456
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