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

Authored by and submitted by TheFuzziestDumpling
image for Ban on guns with serial numbers removed is unconstitutional -U.S. judge

Oct 13 (Reuters) - 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 gun rights in June.

U.S. District Judge Joseph Goodwin in Charleston on Wednesday found that the law was not consistent with the United States' "historical tradition of firearm regulation," the new standard laid out by the Supreme Court in its landmark ruling.

The decision came in a criminal case charging a man, Randy Price, with illegally possessing a gun with the serial number removed that was found in his car. The judge dismissed that charge, though Price is still charged with illegally possessing the gun after being convicted of previous felonies.

Register now for FREE unlimited access to Register

Price's lawyer, Lex Coleman, called the decision "thoughtful, measured and accurate." A spokesperson for the office of U.S. Attorney William Thompson in Charleston, which is prosecuting the case, said the office was "reviewing the ruling and assessing options."

The federal law in question prohibits anyone from transporting a gun with the serial number removed across state lines, or from possessing such a gun if it has ever been transported across state lines.

Serial numbers, first required by the federal Gun Control Act of 1968, are intended to prevent illegal gun sales and make it easier to solve crimes by allowing individual guns to be traced.

Price argued that the law is unconstitutional in light of the Supreme Court's June 24 ruling in New York State Rifle & Pistol Association Inc v. Bruen. That ruling held that under the Second Amendment of the U.S. Constitution, the government cannot restrict the right to possess firearms unless the restriction is consistent with historical tradition.

Bruen said serial numbers were not required when the Second Amendment was adopted in 1791, and were not widely used until 1968, putting them outside that tradition.

Reporting By Brendan Pierson in New York; Editing by Alexia Garamfalvi, Nick Zieminski, David Gregorio and Marguerita Choy

Our Standards: The Thomson Reuters Trust Principles.

Devolutionary76 on October 14th, 2022 at 23:35 UTC »

So, if the 1968 law is not considered tradition because it was not created when the 2nd amendment was written, then the other parts of that act are soon to be overturned, including requiring a license to produce and sell firearms, felons being outlawed from possessing firearms, the outlawing of full automatic weapons, and background checks did not start until 1993 with the Brady Bill.That basically means all gun laws created in the last hundred years is unconstitutional. Edit: that would also include the gun free school zone law from 1990. Hurrah, legal carry for all in public schools. Edit: wrong conjunction

ChattyKathysCunt on October 14th, 2022 at 23:16 UTC »

So does this mean I can own a gun with no serial numbers? If not what does this mean?

TheFuzziestDumpling on October 14th, 2022 at 19:51 UTC »

Non-paywalled article