Posted on 10/20/2022 4:32:59 AM PDT by marktwain
On October 12, 2022, in the US District Court for the Southern District of West Virginia, Judge Joseph R. Gordon granted a motion to dismiss the charge of possession of a firearm with an obliterated serial number in violation of 18 U.S.C. §§ 922(k) as being facially unconstitutional. Judge Gordon was appointed by President Bill Clinton.
Assume, for example, that a law-abiding citizen purchases a firearm from a sporting goods store. At the time of the sale, that firearm complies with the commercial regulation that it bear a serial number. The law-abiding citizen takes the firearm home and removes the serial number. He has no ill intent and never takes any otherwise unlawful action with the firearm. Contrary to the Government’s argument that Section 922(k) does not amount to an “infringement” on the law-abiding citizen’s Second Amendment right, the practical application is that while the law-abiding citizen’s possession of the firearm was originally legal, it became illegal only because the serial number was removed. He could be prosecuted federally for his possession of it. That is the definition of an infringement on one’s right to possess a firearm.
Now, assume that the law-abiding citizen dies and leaves his gun collection to his law-abiding daughter. The daughter takes the firearms, the one with the removed serial number among them, to her home and displays them in her father’s memory. As it stands, Section 922(k) also makes her possession of the firearm illegal, despite the fact that it was legally purchased by her father and despite the fact that she was not the person who removed the serial number. These scenarios make clear that Section 922(k) is far more than the mere commercial regulation the Government claims it to be.
(Excerpt) Read more at ammoland.com ...
Ping.
There is no point serialized guns.
They don’t solve the gun crime because of the serial number.
They the rime because of “use characteristics “ , fingerprints, possession, etc.
Better yet, Wyatt Earp and his eradication of the gang that murdered his brother.
There are guns out there that were made before serial numbers were required. A lot of manufacturers gave them serial numbers anyway as a quality control thing but some did not.
:: They don’t solve the gun crime because of the serial number. ::
How many black lives (that matter, of course) were saved by removing Uncle Ben from the packaging?
A plain Aunt Jemima syrup ended how many southside shootings?
Careful.
Wyatt Earp didn’t allow possession of firearms in his town.
Other than his own.
Good point.
As I recall the Earps ran at least one saloon and brothel, which were legal at the time...
The Earps were the forerunner of the FBI.
Somehow I don't see this surviving an appeals court, or other courts in the US.
“There is no point serialized guns.”
It helps to determine the date of manufacture if you’re a collector or there is a recall and there are recalls.
“Wyatt Earp didn’t allow possession of firearms in his town.”
Arizona didn’t become a state until 1912.
L
I believe the locals were allowed to own firearms in those Kansas towns. Carrying was not.
Case in point. In Wichita, Hurricane Bill and his armed cowboys headed for the jail to break out one of their friends.
All the law enforcers took off leaving one man behind.
Someone rang the city alarm bell, and the Cowboys found themselves facing a substantial group of Wichita citizens, all armed to the teeth. Hurricane Bill’s men quietly retreated, disposing of their guns in various weed patches.
Always good to remove victimless crimes from the books.
We shall see if the state will appeal the case to the Fourth Circuit Court of Appeals.
If they do not appeal, not much more will happen right away.
And if you have a rifle with a shot out barrel and replace the barrel, that new barrel will not have a serial number on it.
If the only serial number on the gun was on the original barrel, no serial number will be on that gun.
Older rifles traditionally were marked in one place only....the barrel.
Competition shooters will replace barrels many times and from after market barrel specialists.
But it’s still illegal to remove a mattress tag!
There is no point serialized guns.
They don’t solve the gun crime because of the serial number.
They the rime because of “use characteristics “ , fingerprints, possession, etc.
= = =
I say there should be a “Use By” date on each gun.
And “Keep Refrigerated” after opening.
Kind of like for Milk, Wine, and Whisky.
Good call
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