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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

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To: aimhigh

Bullets found at a crime scene do not have serial numbers to match to a firearm. However they can still often be forensically matched to it anyway. While having serial numbers may sometimes help solve crimes involving guns, a lot of things could that are not required of citizens. For example a requirement to always carry a specific mobile device like a smart phone that leaves a GPS trail.


41 posted on 10/13/2022 1:04:35 PM PDT by AndyTheBear
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To: BenLurkin

I wonder if this is more to do with possession of a firearm with a number that had been altered in the past, as opposed to doing the actual obliteration.

I see that issue come up once in a while on gun collecting forums...especially with military M1911 pistols, many of which “disappeared” after WW1 and between the wars. The “UNITED STATES PROPERTY” markings were often ground or drawfiled off, but sometimes prior owners took off the serial number as well.


42 posted on 10/13/2022 1:17:43 PM PDT by M1903A1 ("We shed all that is good and virtuous for that which is shoddy and sleazy...and call it progress" )
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To: Clarancebeaks

Exactly. You trace the gun, and go to the owner who says...”you found it where? Let me look in my drawer’.

Unheard of to solve a crime with a serial number.


43 posted on 10/13/2022 1:38:58 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: aimhigh

Editorializing in the report much?
“... if it isn’t overturned upon appeal, would strip away an important tool for law enforcement in investigating gun crimes...”
They missed a great opportunity .... to use ..... the big word
A L L E G E D L Y


44 posted on 10/13/2022 1:53:26 PM PDT by Honest Nigerian
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To: j_guru

The penalty for removing a pillow tag is *nasty*.


45 posted on 10/13/2022 2:13:10 PM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: BenLurkin

The only person I could think of is a straw purchaser who is buying it for a criminal and doesn’t want the firearm traced to them.


46 posted on 10/13/2022 2:44:02 PM PDT by Blood of Tyrants (Inside every leftist is a blood-thirsty fascist yearning to be free of current societal constraints.)
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To: BenLurkin
"... why would someone obliterate the serial number on their firearm?"

Because it would be virtually impossible for the government to maintain a registry of firearms without it.

If the Supreme Court were to agree with this judge, I would remove every serial number from every firearm I own within hours. I would never buy another firearm with a serial number.

FFLs are required to turn over their records to the ATF at such time as they go out of business. You can bet that the ATF has many records of the firearms I own. Also, the state of California has records of almost all of my firearms. The requirement for serial numbers is a big time infringement.

The one-step Bruen test does not allow the government to justify anti-gun laws based on usefulness to the government. We definitely live in interesting times.

47 posted on 10/13/2022 3:33:10 PM PDT by William Tell
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To: uranium penguin
"That said, personally, I am unsure, legally, which way this should go. If the judge is looking at this with fresh STRICT scrutiny eyes. "

When I first read the Bruen decision, I felt a letdown because I didn't see what I anticipated. Part of that was that the term "strict scrutiny", which I thought would be necessary for a useful decision wasn't there.

Since that first reading I have come to appreciate what Clarence Thomas has provided. Thomas has given us a one-step test instead of a two-step test.

The first step is to determine whether the law burdens the right of the people to keep and bear arms in a way which is not supported by history and tradition from the time of the passage of the Second Amendment.

The second step, which has now been eliminated, would allow the government to argue that the law is important to the government. The second step has been ELIMINATED.

In this case, there isn't going to be any history or tradition at the time of the nation's founding of requiring serial numbers on firearms. I saw this possibility coming many months ago but I thought it might be years before anybody challenged the serial number laws.

Several years ago I actually recovered five stolen firearms identified as belonging to me due to the serial numbers. I would gladly have sacrificed that couple thousand dollars if it meant I could have my freedom and privacy with respect to firearm ownership back.

48 posted on 10/13/2022 3:53:54 PM PDT by William Tell
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To: whodathunkit
"Manufacturer recall for defects or safety items? Shouldn’t be mandatory but can be useful."

Sounds like an opportunity to use some of the modern encryption algorithms to put a number on a gun which the owner could use to identify the gun but that the government could not use to register the gun.

49 posted on 10/13/2022 3:58:04 PM PDT by William Tell
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To: Governor Dinwiddie

According to the Warren Commission report, Oswald bought by mail order the rifle that allegedly killed Kennedy. Cost was less than $22.


50 posted on 10/13/2022 4:04:05 PM PDT by T Ruth (Mohammedanism shall be destroyed.)
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To: whodathunkit
"Manufacturer recall for defects or safety items? Shouldn’t be mandatory but can be useful."

Imagine that the manufacturer included with the gun a separate, small metal medallion with an encryption string that matches the firearm. You keep the firearm at home in your safe. You keep the medallion in your safe deposit box or at your lawyers office. If you need warranty work, the medallion acts as your "pink slip" or proof of title.

If the gun is stolen, show the medallion to the police. They can use the encryption number to get the firearm back to you.

51 posted on 10/13/2022 4:09:09 PM PDT by William Tell
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To: AndyTheBear
"Bullets found at a crime scene do not have serial numbers to match to a firearm. "

I believe that what is called "touch DNA" allows identification of a person from the DNA in a fingerprint found on the trigger or surface of a firearm. I wonder if the conditions in the chamber will still allow DNA to be collected from an ejected cartridge case?

Tracking of DNA probably represents a bigger threat to our privacy than tracking of firearm serial numbers or tracking of cell phone signals.

52 posted on 10/13/2022 4:14:33 PM PDT by William Tell
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To: William Tell

Hmm, granted one can’t leave their DNA at home like they can their cell phone, still gps tells way more about a person’s movements including rather precise time place and route...presuming of course they were carrying the device. They are both very useful tools to investigators though.


53 posted on 10/13/2022 4:23:05 PM PDT by AndyTheBear
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To: mikelets456

Besides the reason mentioned the government has no need.


54 posted on 10/13/2022 4:46:47 PM PDT by riverrunner
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To: riverrunner

Still none of the Governments business.


55 posted on 10/13/2022 6:58:15 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: William Tell
Imagine that the manufacturer included with the gun a separate, small metal medallion with an encryption string that matches the firearm.

Good idea.

The firearm should be stamped with only the mfg mo/yr to help with warranties or safety recalls thus leaving individual firearm ID pretty much unobtainable. In addition, allow the end purchasers to set the encryption string in the medallion by themselves and protect ownership in that manner.

56 posted on 10/14/2022 5:37:25 AM PDT by whodathunkit (A=A)
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To: aimhigh

There goes the 1968 Gun Control Act.


57 posted on 10/14/2022 7:59:04 AM PDT by Paal Gulli
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To: riverrunner

😆😆😆😆😆😆😆


58 posted on 10/18/2022 3:44:15 PM PDT by BiteYourSelf ( Earth first, we'll strip mine the other planets later.)
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