Bruen yields its first reckless, irresponsible, and wrongheaded judgment

‘(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 found Wednesday 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 law concerning the removal of serial numbers from firearms has nothing to do with the regulation of firearms per se: it neither regulates nor prohibits the possession of a particular type of firearm or class of firearms; it neither regulates nor prohibits specific individuals from possessing a particular type of firearm or class of firearms.

Consequently, prohibiting the removal of serial numbers from firearms in no manner violates the Second Amendment right to possess a firearm for lawful self-defense.

Indeed, the "historical tradition of firearm regulation" as a ‘test’ is reckless and irresponsible, as wrong as it is ridiculous.
What's the purpose of serial numbering firearms?
 
You can be arrested for driving a car with an altered serial number. Hell there is a tag on your mattress that tells you the removal is against the law. There are a couple of reasons to file a serial number off a firearm and they are all bad. There are ways to recover a filed serial number but maybe that technology hasn't reached West Virginia yet. It has to be a stolen weapon and that's another charge. It's a bad decision but it won't fly anywhere but West Virginia.
 
Last edited:
What's the purpose of serial numbering firearms?


So they can arrest you if your gun is stolen.......since the criminal who stole the gun will likely not be caught with it.....but the whole reason to make this a law is to snare normal gun owners in legal red tape that will destroy them and make them an example for other gun owners.
 
Serial numbers are stamped into a weapon. With today's technology they can determine the density of the stamped area and pull out the serial number even if it is not visible to the eye.


That's why professionals drill it out entirely.
 
Weakens the receiver substantially.

Depends on the weapon. Most rifles and subguns it will have no effect at all. Handguns made of steel likewise.

Amazingly enough professional killers use the weapons best suited to their jobs.
 
So they can arrest you if your gun is stolen.......since the criminal who stole the gun will likely not be caught with it.....but the whole reason to make this a law is to snare normal gun owners in legal red tape that will destroy them and make them an example for other gun owners.
Step 1: mandate serial numbers.

Step 2: registration

Step 3: confiscation
 
Consequently, prohibiting the removal of serial numbers from firearms in no manner violates the Second Amendment right to possess a firearm for lawful self-defense.
Clearly, , you are wrong.
Indeed, the "historical tradition of firearm regulation" as a ‘test’ is reckless and irresponsible, as wrong as it is ridiculous.
And yet, the USSC says this is the test.
Thus, your opinion is wrong, and in any case does not matter.
 
‘In summary, the Court declared that its “long journey through the Anglo-American history of public carry” failed to support the state’s position. A few “outliers” here and a few “outliers” there were not enough to support New York. Justice Thomas concluded the opinion with a nod to the “second class” theme that he’s been raising repeatedly since Heller. The Court won’t, he said, apply a whole different set of rules to the Second Amendment by allowing officials to have discretion over its exercise. But, of course, the Court did in fact impose a whole different set of rules in requiring states to come up with historical analogues to justify regulation and eschewing the type of means-end scrutiny the justices routinely applies in First Amendment cases and other areas of constitutional law.’ ibid
You don't like the Bruen ruling?
It's law. Your opinion doesn't matter.
 
Serial numbers are stamped into a weapon. With today's technology they can determine the density of the stamped area and pull out the serial number even if it is not visible to the eye.
The old school method was to put a clay dam around the filed number and use a certain kind of acid (nitric I think) that would bring up the number in a lot of cases. Even a partial number might be enough to determine if it was stolen. There are probably more sophisticated techniques today. A properly run ballistics bureau would compare the slugs fired from a weapon with obliterated serial numbers to slugs from the same caliber in unsolved murders. Maybe not if a W.Va. judge doesn't care.
 

Forum List

Back
Top