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.
As I understand it, since there wasn't a requirement for guns to have serial numbers before 1968, the requirement for guns to be serialized is unconstitutional.
The issue, as I see it, is that there are a lot of other gun control requirements that didn't exist in the old days and will, under this logic also fail: Age requirements, residency requirements, background checks. Before 1968, in most states, buying a revolver was no harder than buying a claw hammer. Before 1934, the same was true of suppressors.
So, eventually, this crap is going to go back to the Supremes to see if they can straighten out the mess they've made.
Or make it worse.
7 comments:
I have several pre-1968 non-serialized firearms, as well as firearms that have a meaningless serial number because of being mil-surp that changed hands privately several times.
No one can ever seem to explain to me how homemade guns lacking serial numbers and records are somehow more deadly than the non-serialized firearms I possess. If serialization falls completely, I just may "X" out all my serial numbers using the overstamp method. I have been told by a retired LEO firearms expert that method is effective and the original number can not be seen in X-Rays like when simply scratched off or filed.
No serial numbers, no warranty. No sending that plugged nickel back to the factory three times.
Should probably carry the receipt in your wallet ...
Hopefully the whole mess will finally go to the Supremes and they'll say all arm control laws are unconstitutional.
Why?
Because they are.
All arms. Switchblades, brass knuckles, swords, guns, hatchets, tomahawks, spears, short-barreled rifles, pistol rifles, pistols with braces, short-barreled shotguns, fully auto weapons, the whole schmear. All of it.
Go ahead and try to say "But it must be military use to be legal." Fine. All of the above have been used by military forces since before the 1934 Gun Control Act. And that also includes 'modern' cased artillery, breach loading, rapid fire, high velocity.
All gun control laws are unconstitutional. And should be rightly eliminated.
Looks like they/them are trying to use law against itself.
Congress and senate pass a law Pres, signs it it is now
law so long as it does not violate constitution. Usually
such law creates things like EPA, FDA, FCC, BATFE, and
others and instills regulatory authority within the
limits of that law.
They/them are directly attacking the regulatory authority
and also some of the supporting laws they are to enforce.
To a point I see that. However there are basic cases
where firearms possession should be controlled or
prohibited.
Under age (outside of supervised sports)
Prior criminal record
Not of sound mind (clinical)
Likely others not noted.
What has happened is the anti-gun fanatics have/are
creating law that has extensive over reach and just
poorly structured. The result is hodgepodge of law
and regulation that has little sense or organization.
In the end if the violator is of the mind to do
something outside of law it does little to nothing
to stop the perp. Furthering the "there's gotta
be a law against that".
However the states have gone strange as well so
what the Federal government does may well be moot.
Just maybe a drivers license is next. At least
its universal in every state, mostly.
Eck!
Being more direct on serial numbers...
Proof that specific one is yours (bill of sale).
They might get you gun back if it was stolen.
Absolute must for warranty, recalls.
Helps establish provenance and age.
Has never stopped a crime and maybe on rare occasion helped
prosecute one.
Eck!
Thanks for the rational response Eckler. I was going to respond but then I thought, “Nope. Trolling.”
Dale
Dale,
Sometimes I do things that border on sarcasm, then say
rational things.
There is a pattern of using the exiting law with unusual
interpretation to negate bureaucratic level rules as not
supported by law or as improperly constructed law.
Yet:
We don't let everyone drive as driving drunk/buzzed is hazardous
to someones health. As a result of poor decision making or addiction
there are people disallowed from driving as they have a history
and its bad.
At that lowest level guns, cars, hammers, and saws are equal.
Tools that can be misused causing harm or death.
Also to get warranty we have to prove its in warranty or
otherwise eligible under recall and maybe ownership as well
to get the service(s) that applies.
I get upset by the banners as their logic is broken and
far from fully thought out. Some of the others see
outright banning of criminal rules what were not
well thought out as a fix when a simple correction
would better serve.
Why that? Lets say all guns must have serial number
even homemade to be legal for ownership. Then everyone
because its their first puts 001 as the serial number.
We meet the letter of the law and did nothing useful.
Now if the law said 1022202-001 date and unit number
that at least is more unique. Then why is it
important at all.
Oh right forgot, registration.
So yes logic and heckling.
Eck!
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