Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Amicus Briefs Filed to Defend Serial Number Gun Ban in Fourth Circuit
AmmoLand ^ | December 27, 2022 | Dean Weingarten

Posted on 12/29/2022 4:49:13 AM PST by marktwain

In a previous article on AmmoLand, the West Virginia case was described where the federal ban on possession of a firearm with the serial number removed, was found to be unconstitutional. The case is USA v Randy Price.

Serial numbers were never designed as a means of confiscating firearms. They have been subverted for that purpose.

Demanding that firearms have serial numbers and that those numbers are not removed so that firearms can be linked to particular individuals is key to setting up a system for gun confiscation. Those who wish for an unarmed population understand this. They have marshaled vast resources to keep the federal ban on possessing firearms that have had the serial number removed.

The Biden administration has appealed the district court ruling to the Fourth Circuit. The defendant is represented by an attorney appointed by the court. It is unclear what defense of the district court ruling will be heard by the Fourth Circuit.

Amicus briefs have been filed to reverse the district court ruling by:

The amicus briefs may be viewed on the PACER system.

In the District Court opinion, no attention was paid to the direct and clear threat requiring firearms to have serial numbers and the prohibition on possessing firearms where the serial number has been removed to maintain an armed population.

A ban on firearms with serial numbers removed is a direct seizure of power over the ownership of arms, which the Second Amendment is designed to protect against.

The federal law makes the confiscation of guns from the population much easier. The serial number law makes gun registration possible. Gun registration is gun confiscation.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: West Virginia
KEYWORDS: 2a; banglist; constitution; serialnumber
Navigation: use the links below to view more comments.
first 1-2021-4041 next last
For the government to ban the possession of guns where the serial number has been removed, is to take power from the people and transfer it to the government.
1 posted on 12/29/2022 4:49:13 AM PST by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain; Chode; SkyDancer; Salamander; Carriage Hill; Lockbox; MtnClimber; nascarnation; ...

From what I understand if you grind or file a serial number off they can still look microscopically at the metaI and see the number because of impression that goes through the metal. I don’t know how deep that will go with that method.


2 posted on 12/29/2022 4:57:56 AM PST by mabarker1 ( (Congress- the opposite of PROGRESS!!! A fraud, a hypocrite, a liar. I'm a member of Congress !7)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mabarker1
I don’t know how deep that will go with that method.

Probably because you aren't a criminal
3 posted on 12/29/2022 5:01:09 AM PST by Karma_Sherab
[ Post Reply | Private Reply | To 2 | View Replies]

To: mabarker1
I believe that law enforcement would much rather prosecute one in posession of a firearm with the serial number removed, than to find the actual origin of the firearm.
4 posted on 12/29/2022 5:10:04 AM PST by sonova (That's what I always say sometimes.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: mabarker1

Some heinous criminals punch the numbers out with a sharp punch, or sometimes they drill them out. Like you said, simply filing or grinding them off does not get the job done.


5 posted on 12/29/2022 5:23:07 AM PST by Clarancebeaks
[ Post Reply | Private Reply | To 2 | View Replies]

To: marktwain

I have three guns that I purchased from gun dealers. Over the last 30 years. The other five guns I inherited from my father, and transported them 2,500 miles in my car to my home. One’s a really cool semi automatic shotgun. Another is a Glock 17 that’s never been fired with a couple of 30 plus round magazines.

It’s been almost 2 years and I have yet to fire any of them even though they came with about 5,600 rounds of ammo.


6 posted on 12/29/2022 5:29:16 AM PST by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cuban leaf

I believe that you owe it yourself to learn to shoot and get a concealed carry permit.


7 posted on 12/29/2022 5:36:18 AM PST by Jumper ( )
[ Post Reply | Private Reply | To 6 | View Replies]

To: marktwain

I’m a bit confused by this. Let’s say I bought a S&W .45, and I ground the serial numbers off. How is that an advantage to me? Why would I want to do that? The government knows I bought a S&W .45 anyway.

Now let’s say I inherited a legal gun. If for some reason the Feds came to confiscate my guns, I don’t think missing serial numbers would help me.

Anyway, I think I’d want to keep the numbers on. If my gun gets stolen, there’d be a slight chance I could get it back


8 posted on 12/29/2022 5:40:06 AM PST by Leaning Right (The steal is real.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leaning Right
Now let’s say I inherited a legal gun. If for some reason the Feds came to confiscate my guns, I don’t think missing serial numbers would help me.

It doesn't help *if* the government is simply going house to house and demanding all firearms. But that is dangerous and incites rebellion.

On the other hand, if the government can tie a particular firearm by serial number to a particular person, they can say: turn in this particular firearm or we will stop your bank account.

If it is not illegal to own firearms where the serial number has been removed, they no longer have the power to tie a particular gun to a particular person.

9 posted on 12/29/2022 5:54:45 AM PST by marktwain
[ Post Reply | Private Reply | To 8 | View Replies]

To: cuban leaf

I’ll pay you exactly what you paid for them ;)


10 posted on 12/29/2022 5:57:01 AM PST by DCBryan1 (Delete FB, TWTR, GOOGL, AMZN, YHOO, Gmail/chrome. Use Gab, Brave + DDG, VPN, Freerepublic )
[ Post Reply | Private Reply | To 6 | View Replies]

To: Leaning Right
The government knows I bought a S&W .45 anyway.

The government is not supposed to know that you have guns, Where did you ever get that idea? That you have been convicted of a crime and thus forbidden to possess a firearm, yes. But if not, the firearms you possess is not supposed to be any of their business. Get that into your concept of what your liberties are.

11 posted on 12/29/2022 6:00:03 AM PST by imardmd1 (Fiat Lux (Let There Be [God's] Light!))
[ Post Reply | Private Reply | To 8 | View Replies]

To: marktwain

Yes, no enumerated power is given to require them in the first place.


12 posted on 12/29/2022 6:01:12 AM PST by Rurudyne (Standup Philosopher)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leaning Right

The US government is turning a right into a government granted privilege that it can take away from you and yours that whatever psychotic comes to power can take away when they decide to prey upon you. Governments are the greatest cause of death and destruction against their own people.


13 posted on 12/29/2022 6:06:38 AM PST by WMarshal (Neocons and leftards are the same species of vicious rat)
[ Post Reply | Private Reply | To 8 | View Replies]

To: imardmd1

> The government is not supposed to know that you have guns... <

That is exactly correct. The problem here is not that a pistol has a serial number. The problem is that the government knows when you buy that pistol.

I suppose some sort of check is necessary. You don’t want a 14 year old kid voting. And you don’t want him buying a pistol, either. The trick is checking on the buyer without getting the government involved. Perhaps it should be done like buying cigarettes. Show ID, But no paperwork.


14 posted on 12/29/2022 6:14:59 AM PST by Leaning Right (The steal is real.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Rurudyne
Tyrants don't really want to track the firearms. Tyrants know that's not feasible. But if they can impose the mode and requirement to track them, when they inevitably fail, it's "...time to round them up, this is not working. You are not cooperating. You are a terrorist."

A serial number requirement is an abridgment.

15 posted on 12/29/2022 6:15:55 AM PST by Theophilus (It's fake and defective)
[ Post Reply | Private Reply | To 12 | View Replies]

To: marktwain
To me, this is the an important point in the Bruen decision.

From the decision in USA vs Price - "Serial numbers were not broadly required for all firearms manufactured and imported in the United States until the passage of the Gun Control Act of 1968". Prior to that "the first legal requirement for serial numbers did not appear until 1934 when Congress passed the National Firearms Act".

Also from USA vs Price - "Even in 1968 there was no prohibition on mere possession of a firearm that had the serial number altered or removed. In fact, it was not until the Crime Control Act of 1990 that Section 922 was amended to insert “or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.”

Any politician or collectivist that tells you they're not trying to take your arms is FOS.

16 posted on 12/29/2022 6:18:03 AM PST by paulcissa (Politicians want you unarmed so they can control you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Our Colonial ancestors, defending our inalienable right to keep and bear arms, didn't have serial numbers on their rifles.

Evidence numbers are assigned to items after a crime has been committed, not before. Requiring an evidence number on a firearm is an assumption of guilt, in direct conflict with the presumption of innocence (innocent until proven guilty) in the Fifth, Sixth, and Fourteenth Amendments.

17 posted on 12/29/2022 6:20:01 AM PST by T.B. Yoits
[ Post Reply | Private Reply | To 1 | View Replies]

To: WMarshal

ALL of our enumerated rights have been abridged and we exist only at the whim of our “leaders”.

Name the amendment to the Constitution that is not corrupted or outright ignored by Government. First? Second? Even the Third has now been proven to be violated. Habius corpus? Right to remain silent? All are corrupted.

It is past time to fight. The frog has been boiled by ignorance, comfort, and distraction.

May God have mercy on our souls.


18 posted on 12/29/2022 6:26:50 AM PST by themidnightskulker (....And then the thread dies.... Peacefully.... In its sleep....)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Theophilus

Most things the federal does is an arrogation of the Constitution.


19 posted on 12/29/2022 6:28:48 AM PST by Rurudyne (Standup Philosopher)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Leaning Right

It helped me get back one of the firearms that was stolen from me.


20 posted on 12/29/2022 6:38:02 AM PST by Glennb51
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson