Judge Rules Federal Ban on Guns With Removed Serial Numbers Is Unconstitutional

I like this guy.

From the article:

He noted that a firearm without a serial number was not considered more dangerous compared to other firearms in 1791, when the Second Amendment was adopted. At the time, “serial numbers were not required, or even in common use,” he said,

“Any modern regulation that does not comport with the historical understanding of the right is to be deemed unconstitutional, regardless of how desirable or important that regulation may be in our modern society,” Goodwin said in his decision.
 
cams said:
I like this guy.
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If you read the opinion, Goodwin reiterates several times that Bruen has left him no choice but to rule against the constitutionality of serial numbers presumably to set up the case for an appeal to SCOTUS. I think Goodwin was a Clinton appointee and the opinion comes across as "my hands are tied even though I know serial numbers are critical to solving crimes". Regardless, Thomas' THT test outlined in Bruen is clearly working as intended!
 
TargetShooter21 said:
If you read the opinion, Goodwin reiterates several times that Bruen has left him no choice but to rule against the constitutionality of serial numbers presumably to set up the case for an appeal to SCOTUS. I think Goodwin was a Clinton appointee and the opinion comes across as "my hands are tied even though I know serial numbers are critical to solving crimes". Regardless, Thomas' THT test outlined in Bruen is clearly working as intended!
Click to expand...

He followed the law, whether he liked it or not. That’s exactly what he’s supposed to do.
 
I just might remember seeing a guy who had 5-gallon buckets of old top-break and revolver pistols primarily in .32 S&W and some .38 S&W, and nary a one had a decent S/N on them. I do wonder what became of them. Many likely still exist, and will be back in-play if thins hold through to the Supremes ...where it will funnel to eventually.

It's keeping the antis uncomfortably on-their-toes. And that warms the cockles of my enlarged heart.
 
TargetShooter21 said:
If you read the opinion, Goodwin reiterates several times that Bruen has left him no choice but to rule against the constitutionality of serial numbers presumably to set up the case for an appeal to SCOTUS. I think Goodwin was a Clinton appointee and the opinion comes across as "my hands are tied even though I know serial numbers are critical to solving crimes". Regardless, Thomas' THT test outlined in Bruen is clearly working as intended!
Click to expand...
It is indeed working as intended.

And the judge might not know it, but the only crimes solved using serial numbers are those that involve stolen property. That's outside the federal purview, and way outside THT.
 
I think you'll find that straw purchases or people caught with guns that shouldn't have them the investigating jurisdiction is going to at least try to figure out who the first purchaser was especially if it was a recent purchase. That is going to require a serial number
 
www.reuters.com

Ban on guns with serial numbers removed is unconstitutional -U.S. judge

A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, the first such ruling since the U.S. Supreme Court dramatically expanded in June.
www.reuters.com www.reuters.com

What does this practically mean in MA and other lib states tho? Can people start scratching off their numbers and not get in trouble?
 
G4Y4HK said:
www.reuters.com

Ban on guns with serial numbers removed is unconstitutional -U.S. judge

A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, the first such ruling since the U.S. Supreme Court dramatically expanded in June.
www.reuters.com www.reuters.com

What does this practically mean in MA and other lib states tho? Can people start scratching off their numbers and not get in trouble?
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Mass ignores the supreme court. What makes you think this will change anything?
 
It means nothing and this is a dupe.

We live in a nation of feelings not laws.
 
CatSnoutSoup said:
www.northeastshooters.com

Judge Rules Federal Ban on Guns With Removed Serial Numbers Is Unconstitutional

No serial number on that firearm? Apparently according to a Federal Judge and his decision, it's not necessary, and not a problem. Federal Ban on firearms without serial numbers (non-existing/obfuscated/destroyed) is ruled unconstitutional. Memorandum and Opinion: PDF
www.northeastshooters.com www.northeastshooters.com

Just say'n

🐯
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The problem is that that one is in Members...

(It's also in the NYSRPA thread)
 
Clinton appointee.

spock-shock.gif
 
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appraiser said:
I think you'll find that straw purchases or people caught with guns that shouldn't have them the investigating jurisdiction is going to at least try to figure out who the first purchaser was especially if it was a recent purchase. That is going to require a serial number
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So, are we going to ban all 80% builds? Or force them to get a SN?
 
In my world there is nothing wrong with an unserialized 80% build.

My point was that when some gang banger gets caught with a gun with a nice finish on it and if the cops had enough brains to look at the SN and see it is a recent production piece, they may go back and find the original purchaser who is sometimes a GF or other pawn.

It isn't always a stolen gun case where a SN is used.

www.whsv.com

Winchester man arrested for making straw purchase of firearm used in homicide

A Winchester man was arrested Thursday on criminal charges related to his alleged straw purchase of a firearm which was used four days later in a homicide in Washington, D.C.
www.whsv.com www.whsv.com
 
appraiser said:
I think you'll find that straw purchases or people caught with guns that shouldn't have them the investigating jurisdiction is going to at least try to figure out who the first purchaser was especially if it was a recent purchase. That is going to require a serial number
Click to expand...

lol but who actually cares other than LE and DAs jerking off over gun traces? "Straw Purch" as a construct should also be unconstitutional. If a guy buys a kid a baseball bat knowing hes going to beat up the kid bullying him with it, does that make that a straw purchase? [rofl] If I buy a car and loan it to a friend, and he drinks and drives and kills someone with it, is that a straw purchase? Of course not. Because nobody ascribes stupid "cuz gunz are speshul and extra killy" style malice to these objects by default. That entire rigamarole is basically designed to make the public irrationally fear firearms.

I'm so f***ing sick of ascribing this weirdo transitory special implied/built-in malice to firearms, instead of focusing on the people who actually commit violent crimes with them.

"Bbbut dey wont be able to trace da gunz found at CRYMES zomg blah blah" Too bad. I don't care.

Well, with 80% etc and the modern shift of gray guns, etc, it renders all that shit irrelevant anyways.

Most real Pro2A people are like this fat dude on the airplane when it comes to garbage like straw purchases, background checks, "serial number defacement" and other anti gun garbage t that basically exist to make people "feel good".


View: https://youtube.com/shorts/CvagWNaGf58


Food for thought..... how would you feel if a gun was stolen from you, you reported it to the local PD. Two months later a detective calls you back and goes "Sir I have some good news and some bad news, the good news is we recovered what I believe to be your firearm off a criminal we arrested, but apparently they managed to obliterate the serial numbers, but I am pretty sure this is yours because the last 2 digits in one area were sort of visible and it has that crack in the grip that is in your police report you filed with us. Now, the bad news is I cannot lawfully return this fireatm to you because it would make it a crime- the lawr says you cannot possess a gun with a defaced serial number, so it will have to be destroyed. I can mail you a receipt that certifies it was destoryed. Sorry about this, but I just called you because I figured you would want to know. "

Whereas in a sane and just world without such a shitty laws, you would be getting a gun back. The detective might encourage you to re engrave it for your own purposes. Then you could, at your leisure, go to a gunsmith or other service and get it re-engraved with whatever number you choose for your own asset tracking purposes, etc.

I'd much rather live in a world without that shitty law. And where a serial number on gun isnt used to track them but only for the manufacturers purpose of facilitating warranty or
service fulfillment.
 
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G4Y4HK said:
www.reuters.com

Ban on guns with serial numbers removed is unconstitutional -U.S. judge

A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, the first such ruling since the U.S. Supreme Court dramatically expanded in June.
www.reuters.com www.reuters.com

What does this practically mean in MA and other lib states tho? Can people start scratching off their numbers and not get in trouble?
Click to expand...

District court rulings affect the district of that court, in this case West Virginia. The feds will appeal to the 4th circuit court of appeals which is West Virginia, Maryland, Virginia, North Carolina and South Carolina. If that 3 judge panel upholds the district court, it will be binding on those states and no one else. The opinion will be used by lawyers in other cases around the country but judges in those cases may or may not care what that opinion says.

Whoever loses the 3 judge panel may ask for all judges on the 4th to review the case, that’s call en banc. Few cases are accepted for en banc review, all the judges vote to accept to decline and a majority of the court is need to accept the case. From there it goes to SCOTUS. SCOTUS only hears 75 or so cases a year although they do remand etc for some others. SCOTUS mostly deals with judicial error and larger constitutional issues, they don’t deal with minor things. If SCOTUS denies cert ie doesn’t accept a case, it doesn’t mean they ok’d it, they just didn’t want to hear it for whatever reason. It takes 4 justices to accept a case.
 

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