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 previous 1-2021-4041 next last
To: imardmd1

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.

Lets take your premise a step further. If you have been convicted of a felony and lost your right to own firearms, the moment you have paid your debt to society, those rights should be immediately restored without court action or paperwork etc. Consider G. Gordon Liddy, or any other railroaded official and especially those with misdemeanor convictions for assault or abuse.

It is a known fact that gun law making by democrats is pure and simple done to extract firearms possession or ownership from the law abiding. In theory for felons, when the debt to society is paid, you are once again a free man.


21 posted on 12/29/2022 6:42:29 AM PST by wita (Under oath since 1966 in defense of Life, Liberty and the pursuit of Happiness)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Glennb51
It helped me get back one of the firearms that was stolen from me.

I had a pistol that was recalled for a safety issue. The recall was for pistols in a specific serial number range.
So serial numbers have other legitimate uses.

22 posted on 12/29/2022 6:55:06 AM PST by Politically Correct (A member of the rabble in good standing)
[ Post Reply | Private Reply | To 20 | View Replies]

To: marktwain

Bkmk


23 posted on 12/29/2022 6:55:49 AM PST by sauropod (“If they don’t believe our lies, well, that’s just conspiracy theorist stuff, there.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Karma_Sherab

“I don’t know how deep that will go with that method.”

“Probably because you aren’t a criminal”

Falling off serial numbers is a waste of time, it’s been proven decades upon decades ago that simple acid etching over the area where serial number existed will produce what the numbers were.

From that standpoint I would argue that serial numbers are actually adverse to the to the metal surrounding where the stamping occurred. If cold pressed even moreso.


24 posted on 12/29/2022 7:16:26 AM PST by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
[ Post Reply | Private Reply | To 3 | View Replies]

To: Politically Correct

> serial numbers have other legitimate uses.

That’s nice; and similarly there’s a serial number on my refrigerator.

That has nothing to do with whether the government may compel you or anyone else to have a number on your firearm.

(or, as they’ve now gone on to claim yesterday, on a piece of plastic which needs a jig, tools, slide, barrel, trigger assembly, extractor, striker, slide release, slide stop, and a variety of springs).

Anyone who had any remaining doubts that this power would be abused had that stripped away in the last couple years — as ‘free nations’ took away jobs, bank accounts, speech, mobility, anything they could get, based on whether you got injected, or said or wrote things contrary to the left-globalist plan.

Similarly any doubt that the government obtains your information from a wide variety of ‘private’ companies is removed, and we know that at a minimum the ‘big tech’ guys not only comply but innovate in ways to document and control us.

So they’ve more than shown they can’t be trusted with knowing anything about anyone, and at present they know nearly everything about everyone.


25 posted on 12/29/2022 7:27:47 AM PST by No.6
[ Post Reply | Private Reply | To 22 | View Replies]

To: Jumper

I have the CC permit and on my 32 ACRES I even have a shooting range next to one of the streams in a holler. I just need to force myself to take the time to do it. I completely agree with you. Problem is, I really have no interest in shooting, unless I’m shooting at something that is alive. And even then, I felt bad when I shot a possum in my garden. What a weenie.

I believe I need to train myself to be mentally prepared to shoot to kill a human being that is threatening me or my family, and without hesitation.


26 posted on 12/29/2022 7:50:13 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 7 | View Replies]

To: DCBryan1

Heh. The shotgun was still in the shrink wrap, and the glock has never been used. My dad was a bit like me. One of the guns was a Ruger 10-22 with a scope and a bunch of medium and large capacity magazines. One magazine was fully loaded and totally frozen by oxidation. I cleaned it up and unloaded it, so it works fine now, but he seemed to be more into collecting the guns rather than using them. I need to not make that mistake. I need to sell one of the SKS’s, though. I really only need one.


27 posted on 12/29/2022 7:52:42 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 10 | View Replies]

To: marktwain

And that’s the way I like it.


28 posted on 12/29/2022 7:53:44 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 9 | View Replies]

To: wita

> If you have been convicted of a felony and lost your right to own firearms, the moment you have paid your debt to society, those rights should be immediately restored without court action or paperwork etc. <

Agreed. Once you’ve done your prison time (plus any parole) you should be as free as anyone else. And that includes the right to buy a firearm and the right to vote.

Lifetime bans seem, well, un-American.


29 posted on 12/29/2022 8:04:53 AM PST by Leaning Right (The steal is real.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Glennb51
It helped me get back one of the firearms that was stolen from me.

Just because it can be occasionally helpful does not make the requirement to have them constitutional. Serial numbers can also be useful when attempting to identify when a particular firearm was manufactured. If the SN requirement goes away, gun manufacturers may change to some date-based system for historical information like that.

30 posted on 12/29/2022 8:21:35 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Leaning Right
Lifetime bans seem, well, un-American.

Indeed. Because they are.

31 posted on 12/29/2022 8:23:21 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: mabarker1

deep enough... acid etch will bring it out


32 posted on 12/29/2022 8:39:19 AM PST by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
[ Post Reply | Private Reply | To 2 | View Replies]

To: cuban leaf
I let my range membership lapse starting in 2021. I had spent $500 on a couples membership. My wife and I went to the range every Saturday for years. COVID struck and ammunition became unobtainable and/or exorbitantly priced. It is 53 miles one way to the range. We used our annual, all-you-can-eat membership twice that year. $250 per visit amortized over two visits.

I have been purchasing ammo on sale, but my range trips are on hold for a while longer. I didn't buy an outdoor range permit in 2022 either. That is $80 with a 12 mile, one-way drive. The range sits on a hillside that rises to the east. The prevailing wind blows downrange. I only use that range for dialing in my scoped rifles at 100 yards. The indoor range is 25 yards. Why did I mention wind? Because calm days are rare. 15 to 35 knot winds are the norm. Unpleasant during winter. Dusty during summer. I walk 100 yards to the backing board and staple a target. If you do less, it may blow away before you can get the first shot.

33 posted on 12/29/2022 8:42:15 AM PST by Myrddin
[ Post Reply | Private Reply | To 6 | View Replies]

To: Politically Correct
I've had exactly the same issue with manufacturer's recalls by serial number range. My wife had a brand new Ruger MKIV with a defective safety. My FFL shipped it to Ruger. Ruger repaired and returned it. Magnum Research did the same for a couple 10/22 pattern rifles. My wife had the 17M2 rifle with a carbon tension barrel. Magnum Research decided to drop the model. They replaced her 17M2 barrel and bolt with the .22LR versions at no cost.

There is a legitimate use for serial numbers as a means of tracking and fixing manufacturing or design defects. Using them as a means of the government building a database of who owns what is a complete abomination.

34 posted on 12/29/2022 8:47:46 AM PST by Myrddin
[ Post Reply | Private Reply | To 22 | View Replies]

To: zeugma

I agree with your last statement. It should not be a statute. I think there are other ways for manufacturers to implement a system.

Ideally, doing away with the 4473 would be a good start


35 posted on 12/29/2022 9:18:20 AM PST by Glennb51
[ Post Reply | Private Reply | To 30 | View Replies]

To: Myrddin
This is an image of cleaning up one of the hollers for a shooting range a couple of years ago. But I ended up only using it as a play area for the grandkids...That is going to change, now that the shop and mancave are "mostly" done.


36 posted on 12/29/2022 9:24:12 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 33 | View Replies]

To: cuban leaf
The image didn't make it to the post. I'm hoping to have time to clean up and catch up with all the "stuff" in the basement that came from the house in San Diego in 2000. 18 years of accumulation there that should have been sorted into keep/donate/trash before the move. Now, 22 years of additional "stuff" to get the keep/donate/trash treatment..after I retire as there just isn't time now.

The 9 motorcycles may go through a keep/sell evaluation too. I have lots of "stuff" that I intended to enjoy upon purchase that sits idle for lack of time to enjoy it. Hopefully "retirement" brings the time. There is a cost for having "idle" vehicles. I had to replace fuel pumps, fuel lines and filters in the Harley Fat Bob and Piaggio BV500 last Summer. My wife asked me to "rehab" her BV500. Fuel line and battery were required. No sooner complete than she had more complications from her diabetes and felt less confident of her ability to ride the BV500.

37 posted on 12/29/2022 11:37:33 AM PST by Myrddin
[ Post Reply | Private Reply | To 36 | View Replies]

To: Myrddin

Meh. I use google photos. They work on some sites, and not on others. I can see it in the thread because I’m logged in, I guess...


38 posted on 12/29/2022 11:43:47 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 37 | View Replies]

To: Myrddin

Meh. I use google photos. They work on some sites, and not on others. I can see it in the thread because I’m logged in, I guess...

And yeah, after I retired I found that some of the stuff I planned on using is stuff I will not be using. And health is an issue. I’m not doing any 200 mile bike rides any more.


39 posted on 12/29/2022 11:45:16 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 37 | View Replies]

To: mabarker1

Grind it off then take it to a dentist and have em X-ray it ...... shows up every time. I’v seen me do it when I was EOD ......

Steal a gun if your going to shoot some one and then bring it back to who ya stole it from. Get yer security cameras and popcorn and put it on u-tuub and get a million views.


40 posted on 12/29/2022 9:03:13 PM PST by Squantos (Be polite, be professional, but have a plan to kill everyone you meet ...)
[ Post Reply | Private Reply | To 2 | View Replies]


Navigation: use the links below to view more comments.
first previous 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