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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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To: BenLurkin
#3: "why would someone obliterate the serial number on their firearm?"

Because it was an unlucky number?

21 posted on 10/13/2022 12:01:01 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: cbvanb

“...Prior to that it wasn’t illegal at the federal level.”


You are right, but I do imagine it was illegal for felons to possess firearms under most state laws. I realize that crime can and does cross state lines, but when it doesn’t, why is it any of the Federal government’s business.


22 posted on 10/13/2022 12:01:06 PM PDT by hanamizu
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To: hanamizu

You could actually buy weapons mail order, sometimes for fairly cheap prices, like $25 for a K98.


23 posted on 10/13/2022 12:04:12 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: BenLurkin
why would someone obliterate the serial number on their firearm?

This is probably the result of losing your guns in salty water. Happens all the time.

24 posted on 10/13/2022 12:04:17 PM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: uranium penguin

this would also be HUGH is upheld on the fed level. As it would kill the fiasco known as “micro stamping”


25 posted on 10/13/2022 12:07:52 PM PDT by uranium penguin
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To: SoConPubbie

Except when your firearm has been stolen and the police recover it and want to return it to the rightful owner.


26 posted on 10/13/2022 12:09:57 PM PDT by riverrunner
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To: aimhigh

I don’t know when it changed, but the feds aren’t supposed to keep records on gun purchases.


27 posted on 10/13/2022 12:10:20 PM PDT by Dogbert41 (Baruch Ha Ba Ba Shem Adonai!)
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To: mikelets456

Maybe they want to fence stolen property.

Just like it is illegal to remove VIN’s or HIN’s from vehicles or boats.

Or remove serial numbers from most other items that have them.

If you ever been subject to burglary or theft of your things.

Serial numbers become important


28 posted on 10/13/2022 12:13:45 PM PDT by riverrunner
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To: hanamizu

I remember the guns before 1968. Some had numbers, some didn’t.


29 posted on 10/13/2022 12:15:20 PM PDT by Ruy Dias de Bivar ( FR is on GAB! https://gab.com/groups/67851)
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To: aimhigh

so somebody steals a gun, bltz the number so the owner cannot prove it belongs to him...


30 posted on 10/13/2022 12:15:55 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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To: BenLurkin

There are chemicals that if you put it on a ground off serial number will make it come out very clear.

But then, if you have ever worked in a steel shop, as I have, you will realize there are other ways to obliterate a serial number permanently.


31 posted on 10/13/2022 12:18:56 PM PDT by Ruy Dias de Bivar ( FR is on GAB! https://gab.com/groups/67851)
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To: DesertRhino

How often do criminals commit a crime and let their gun at the scene of the crime, or toss it into a nearby dumpster or throw it in the first shallow creek they come to? On TV yeah, in real life not so much. Also consider the fact that if I bought a gun back in 1970 and later sell it to “some guy” legally at a flea market, a gun show, or anywhere, the trail ends at the original owner, me. The gun may have changed hands 10 times or more since then. Be on the lookout for “some guy”. Good luck finding him.


32 posted on 10/13/2022 12:19:12 PM PDT by Clarancebeaks
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To: riverrunner

I understand-—but I feel something that is an actual right “shall not be infringed” shouldn’t require a S/N....If you want it optionally, then have at it. A boat, car, etc are items you leave out in the open. I guess if I didn’t have to lock my gun up and simply left it in my car in plain site then having a serial number would help?


33 posted on 10/13/2022 12:19:20 PM PDT by mikelets456
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To: BenLurkin

if someone was to remove the tag from a mattress, is that breaking the law? asking for a friend.


34 posted on 10/13/2022 12:27:57 PM PDT by j_guru
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To: aimhigh

The ruling seems to turn on two things:

1. Serial numbers didn’t exist in 1719 (typically)
2. She was in “mere possession” of the firearm and did not know who had removed the numbers. Removal might be a crime, but one would not have reason to know a serial number was removed.


35 posted on 10/13/2022 12:29:36 PM PDT by MeanWestTexan (Sometimes There Is No Lesser Of Two Evils)
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To: aimhigh

Law enforcement has way too many tools to screw people over now. Asset forfiture being the most egregious example and “qualified immunity” being the second worst.


36 posted on 10/13/2022 12:30:44 PM PDT by from occupied ga (Your government is your most dangerous enemy - EVs a solution for which there is no problem)
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To: aimhigh

Manufacturer recall for defects or safety items?

Shouldn’t be mandatory but can be useful.


37 posted on 10/13/2022 12:34:15 PM PDT by whodathunkit (A=A)
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To: Governor Dinwiddie

You could actually buy weapons mail order, sometimes for fairly cheap prices, like $25 for a K98.


I remember guns being for sale (they may have been black powder) at either Disneyland or Knott’s Berry Farm back in the late 50s. Disneyland had shooting galleries—an ‘A’ ticket as I recall.


38 posted on 10/13/2022 12:38:01 PM PDT by hanamizu
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To: hanamizu

Prior to 1964, I remember the trash cans full of old WW II military rifles for sale in the Five & Dime. They were $3, $5 or $7 based upon the condition. I had quite a few of them. 303 British, 7.62 Russian, 7 MM, ....

The were right inside the entry door, just standing in trash cans.


39 posted on 10/13/2022 12:41:03 PM PDT by tired&retired (Blessings )
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To: BenLurkin

with today’s modern arms, why wouldn’t you just toss the barrel and install a new one?


40 posted on 10/13/2022 12:51:08 PM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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