Judge Rules Federal Ban on Guns With Removed
Serial Numbers Is Unconstitutional
Epoch Times,
by
Mimi Nguyen Ly
Original Article
Posted By: earlybird,
10/14/2022 11:22:03 AM
A judge has ruled that a federal law banning guns that have had their serial numbers removed is unconstitutional.
The law at issue prohibits any person from transporting a gun with the serial number “altered, obliterated, or removed,” across state lines. It also prohibits them from possessing such a gun if it has ever been transported across state lines.
Serial numbers were first required by the federal Gun Control Act of 1968 to allow guns to be traced. They were adopted in an effort to prevent illegal gun sales.
The decision filed on Oct. 12 (pdf), written by U.S. District Judge Joseph Goodwin in Charleston, West Virginia, blocks the law from taking effect.
Reply 1 - Posted by:
Jesuslover54 10/14/2022 11:48:04 AM (No. 1304491)
Get out the Dremel and acid...
5 people like this.
Reply 2 - Posted by:
Birddog 10/14/2022 11:54:22 AM (No. 1304493)
wow...THIS will effect more Federal Prisoners than Bidens blanket pardon for pot possession. And is a "settled law" older than Roe v Wade.
3 people like this.
Reply 3 - Posted by:
DVC 10/14/2022 12:21:27 PM (No. 1304513)
LOL! I have said that the SCOTUS Bruen ruling would be knocking over LOTS of unconstitutional anti-gun laws, and this is just the beginning.
.....SHALL ----NOT ----- BE ------ INFRINGED.
And finally, it is going to mean what the clear meaning has always been intended to be.
90% of ALL gun laws are unconstitutional, and they will be steadily being rolled back by court case after court case. This is good news.
"Assault weapon bans" will be erased. "High capacity mag" (actually normal capacity) bans will be erases. Lots more on the chopping block.
11 people like this.
Reply 4 - Posted by:
glenw 10/14/2022 12:31:49 PM (No. 1304520)
Dumb as they are, even dem congress membersaren't willing to waste $$$'s on lost causes. The proof of that statement was presented clearly in the article --- DCCC members aren't paying their full party dues to help save the majority. Dems, twisted and amoral and sociopathic as they may be, are more than willing to spend OUR $$$'s but they're not about to squander theirs to help a helpless cause.
3 people like this.
Reply 5 - Posted by:
DVC 10/14/2022 12:43:50 PM (No. 1304530)
I have a collector Winchester that was manufactured about 1890, and has an intentionally obliterated SN. I almost refused to buy it, until the seller showed a page from a Winchester collector's book. Sears was obtaining Winchester rifles from large distributors and undercutting the factory=set price. Remember, guns could be sold through the mail until 1968, just like a hammer or axe. Winchester was going to retaliate against the distributors selling to Sears, so Sears obliterated the SNs on the "contraband" guns that they sold for a number of years.
And very large numbers of guns which are still out there were made without a SN because the manufacturer just didn't see any point to it, and there was no legal requirement until 1968 Gun Control Act changed everything.
Making your own gun.....you are not actually required to put a SN on it, either, although the BATF pukes are trying to make a "regulation" that it would be a crime to not have a SN on it. This should put a good "THE END" on that.
10 people like this.
As a law abiding gun owner I don’t agree with this. There is no legitimate reason to remove a serial number from a weapon. It only benefits criminals.
This decision will mean that criminals who used deserialized weapons can appeal their convictions.
2 people like this.
Reply 7 - Posted by:
czechlist 10/14/2022 1:40:21 PM (No. 1304570)
Great!!
Now what about my eff 15 and new cue ler warheads?
0 people like this.
Reply 8 - Posted by:
WV.Hillbilly 10/14/2022 1:44:17 PM (No. 1304573)
I'm thinking there has to be an ulterior motive for this judge to issue this ruling. I'm just not sure what it is.
Joe Bob Goodwin has always been a liberal judge and comes from a family of liberal politicians. The Goodwins are the West Virginia political equivalent of the Corleone family.
1 person likes this.
Reply 9 - Posted by:
Jethro bo 10/14/2022 2:11:37 PM (No. 1304600)
Wow! Just Wow!
1 person likes this.
Reply 10 - Posted by:
bighambone 10/14/2022 2:31:24 PM (No. 1304612)
Besides the information in the article, why would a law abiding person want to possess a firearm that has had its serial number removed?
1 person likes this.
Reply 11 - Posted by:
Christopher L 10/14/2022 3:13:25 PM (No. 1304642)
This is not a win for the 2nd amendment.
This is a thinly veiled attempt to discredit Originalism. If this ruling is allowed to stand then the same argument will be made about the 1st amendment, there was no internet or TV or radio in 1782 so there is no freedom of expression for them.
1 person likes this.
Reply 12 - Posted by:
Jesuslover54 10/14/2022 3:24:41 PM (No. 1304647)
#10, what if it were cheaper?
0 people like this.
Reply 13 - Posted by:
bpl40 10/14/2022 3:40:39 PM (No. 1304657)
Does the law "infringe" or not. That is the only question.
4 people like this.
Reply 14 - Posted by:
DVC 10/14/2022 3:50:21 PM (No. 1304661)
Re all that
can't see why an honest person would want a gun without serial number"......Do you trust the Feds with their list of gun purchases not to use it to collect all the guns some day?
The only legit purpose for a SN is either a warranty by a gun company, or for the government to abuse your rights with some sort of paperwork trail, registration. licensing, etc.
Do any of your hammers, axes or chainsaws have registered serial numbers?
Gee, why not?
Never trust the motives of the governmeent, ESPECIALLY when it concerns your guns.
Huge numbers of guns were never made with a SN, like your hammers.
6 people like this.
Reply 15 - Posted by:
monster 10/14/2022 4:09:52 PM (No. 1304671)
Reply 6 - Posted by: Amanoftwistsandturns There is no legitimate reason to remove a serial number from a weapon. It only benefits criminals.
I disagree, in part maybe, but I don't think we should be required to put numbers on the weapons we build. My concerns aren't criminal more concerned with the governments intentions. Every move by the government in the last few decades has tightened the noose on being law abiding. I've lived in a state where what I owned one day was legal and the next I'd be a felon. I'm facing the same situation in my current state and am actively looking to relocate. So I guess it depends on what you consider criminal.
1 person likes this.
Reply 16 - Posted by:
Yepper 10/14/2022 6:27:12 PM (No. 1304804)
#6, If putting serial numbers on guns is constitutional, then so is putting serial numbers on ballots, which can then be traced to who a person voted for.
3 people like this.
Reply 17 - Posted by:
WV.Hillbilly 10/15/2022 12:48:05 AM (No. 1305018)
#16, There are already serial numbers on ballots.
Here's how it works in West Virginia.
When you arrive to vote, you are given a perforated 2 part serially numbered poll slip. One part is added into the poll record book. You are handed the other part, the poll ticket. Then, a poll worker gives you a paper ballot that is also serially numbered. That number is recorded on both parts of the poll slip.
After you vote, before the ballot is fed into the ballot scanner, the number on the poll ticket is compared to the number on the ballot to make sure they match.
Those numbers are there and they have been for years if they want to really find out how someone voted.
0 people like this.
Reply 18 - Posted by:
CivilServant 10/15/2022 7:58:50 AM (No. 1305164)
Gee, #6 you were aware that adding numbers to a piece of metal makes the rifling from the barrel which is what is used to convict them there criminals is much more Super Duper Effective with the addition of numbers.
This information may shock the heck out of you BUT….Criminals don’t care.
0 people like this.
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