Judge rules federal law banning guns with serial numbers removed is unconstitutional

[Polybius]

A federal judge blocked a federal law on Wednesday that prohibits the possession of a firearm with an “altered, obliterated or removed” serial number in light of the Supreme Court’s landmark ruling expanding gun rights earlier this year.

U.S. District Judge Joseph Goodwin ruled that no historical standard exists to demonstrate that firearms without a serial number are more dangerous or unusual than firearms with a serial number, so the law is unconstitutional.

He said in his ruling that he is abiding by the Supreme Court’s June decision in New York State Rifle & Pistol Association v. Bruen, in which the court struck down a New York law placing additional limits on who can carry a firearm outside the home.

The court ruled that the state’s requirement that applicants demonstrate a “special need” to carry a firearm outside the home beyond self-defense violates the Second Amendment right to bear arms.

Read more...

Had to look up the judge. I was very surprised that he was appointed by President Clinton.

[Dysfunctional]

1. Did guns have serial numbers when the Constitution was signed?

If not, that may be why he ruled that way.

[Polybius]

3. If the judge is an Originalist, maybe

But being appointed by President Clinton, I wouldn't expect him to be.

[jimfields33]

8. Maybe the judge has more information then we do.

He’s got the entire lawsuit in front of him with statements. We get media article titles and an overview.

[DetroitLegalBeagle]

13. This specific ruling has nothing to do with the judge's stance

His hands were tied by SCOTUS rulings, specifically Bruen. If the law or regulation doesn't have a historical analogue that can be traced back to around the time of the founding, then it fails the new "text, history, or tradition" test that SCOTUS has said needs to be used when reviewing gun laws.

[TreasonousBastard]

2. Great! My car doesn't need its numbers recorded, either?.. .

A serial number is often used in investigations, not all of them criminal in nature.

And guns, i would guess, are involved more than most things, in investigations.

[Dysfunctional]

4. Cars are not in the Constitution. Talk to your representatives about an amendment.

[hunter]

6. Like so many things in the Constitution, the second amendment is bullshit.

Gun fetishes are disgusting.

Anyone who blathers on about their second amendment rights is no better than a slave owner or someone who thinks of their wives and children as property.

[jimfields33]

9. That irrelevant.

There are ways to change the constitution. Otherwise we live in reality of our constitution.

[hunter]

12. That doesn't change my opinion at all.

As I said, gun fetishes are disgusting and I will continue to mock people for their gun love.

We can deal with this the same way we dealt with smoking or drunk driving.

Gun violence is a very similar problem.

[patphil]

5. So now they want untraceable guns available to everyone.

I imagine next they'll make it illegal to add severity to a sentence for using a gun in the commission of a crime. After all, there don't believe in any restrictions on gun possession.
This insanity has got to stop!

[bahboo]

7. a future, more peaceful society, should it exist...

will look back at us, and shake their damn collective heads...

[Tickle]

10. Wow 😲

There needs to be a form of identification associated with the gun. I don't understand this ruling

[DetroitLegalBeagle]

14. serial numbers are a recent(relatively speaking) regulation on firearms

There is no historical equivalent(or at least none found or shown in evidence during this case) so it fails the new review standard set under the recent Bruen decision. Since it fails, its unconstitutional.

[zipplewrath]

15. Sounds like an opportunity

Start working on an amendment that allows this kind of restriction. It's reasonable and defensible. Of course one might want to word the amendment to be a bit broad so that the congress has the authority to extend restrictions on weapons design, effectiveness, lethality .....

[sl8]

11. Opinion & order(pdf):

https://www.wvsd.uscourts.gov/sites/default/files/opinions/2_22_cr_00097.pdf

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

CRIMINAL ACTION NO. 2:22-cr-00097

UNITED STATES OF AMERICA,
v.
RANDY PRICE

MEMORANDUM OPINION AND ORDER

[RANDYWILDMAN]

16. we are loosing our sanity to gun nuts !

people will be sanding off the serial numbers starting today

judicial sense was lost long ago !