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

[Wombat1954]

Your legal system appears to be at the whims of elected officials. Removing serial numbers does not sit with me. if you have nothing to hide, then no problem so why remove serial numbers?
It would never happen here in Oz,

 

[steelslaver]

For you Legal types a question..
Just about every State has in their own laws a nearly identicle worded law/reg as the Federal Law regarding this Removing/altering/obliterating the manufacturers applied firearms serial number.
In addition many States have added in that it is unlawful to remove other manufacturers applied markings such as caliber, mfg name, address, in some instances inspector marks , etc.

?,,Would all of these State laws be striken down as well in their entirety if the Fed Law went down?
Or could the State Laws stand in full or some partial form.

If the law is held unconstitutional it would be unconstitutional at any level of government. A state, county or city can not enforce an unconstitutional law.

Nothing in the codes here related to serial numbers or their removal. Zip zero nada. In fact I could deny an officers request to even look at my gun unless he had good reason to believe I had or was committing a crime with it. A game warden can't even ask if it is loaded because it is legal to be loaded any time it is in my possession. The only time any of my serial numbers have come into play is when I recieving one from an FFL.

 

[johngalt]

Your legal system appears to be at the whims of elected officials. Removing serial numbers does not sit with me. if you have nothing to hide, then no problem so why remove serial numbers?
It would never happen here in Oz,

Here in the free world, our rights are not subject to "if you have nothing to hide".

 

[SMSgt]

For you Legal types a question..
?,,Would all of these State laws be striken down as well in their entirety if the Fed Law went down?
Or could the State Laws stand in full or some partial form.

It might depend on the ruling. Like the SCOTUS recent abortion decision, the court may rule it is not federal business and leave the decision making to the individual states.

 

[John_M52]

If it is a constitutional rights issue it is by definition federal business.

 

[steelslaver]

Big difference between the 2 cases in this one the judge held that the law was not constitutional. In the other volatile case what they actually held was there was no actual constitutional protection for the procedure. They did not say it was either constitutional or unconstitutional, but that it was not protected as a right by the constitution and it was up to each state to decide what they wanted.

 

[delcrossv]

Nice that the courts are finally recognizing that the NFA and GCA are unconstitutional infringements.

I suspect the whole regulatory scheme will come apart pretty soon. Looking forward to getting a new AA-12.

 

[Yaworski]

much like the VIN on a motor vehicle.

However, a motor vehicle doesn't need a VIN unless you're trying to register it.

 

[Yaworski]

It would never happen here in Oz,

I'd comment but I'd probably get banned again.

 

[Wombat1954]

Here in the free world, our rights are not subject to "if you have nothing to hide".

So here in Oz we are not part of the free world? All that time and effort supporting the US in many world conflicts was a waste of time? I don't think so, but my question was not answered.
Why remove the serial numbers?

 

[johngalt]

So here in Oz we are not part of the free world? All that time and effort supporting the US in many world conflicts was a waste of time? I don't think so, but my question was not answered.
Why remove the serial numbers?

When it comes to firearm ownership, you're not.

You asked the wrong question. The correct question is "Why does the government have any business knowing what I own and have the authority to require a tracking number?"

 

[HeyJoe]

don't take that personally. many refer to at least 24 states in the United States as not being in the free world.

 

[HeyJoe]

When it comes to firearm ownership, you're not.

You asked the wrong question. The correct question is "Why does the government have any business knowing what I own and have the authority to require a tracking number?"

when your state has constitutional carry then you can talk about living in the free world.

 

[Roger Kipwell]

When it comes to firearm ownership, you're not.

I believe that free speech is also restricted.

 

[serger]

Light 'em up. Wombat1954. Us yanks are as a rule are arrogant
plunkers.

 

[steelslaver]

Here is an interesting thought. What if right now a person in the jurisdiction of this judge removed a serial number from a gun. He would be doing something the federal legal system in his jurisdiction said was legal. Then even if it was overturned at a later date, it would be difficult to prosecute because it was done while it was legal

As to why remove a serial number, the only real legit reason I can think of is the owner wants to do a modification to the area where the serial number is.

 

[steelslaver]

when your state has constitutional carry then you can talk about living in the free world.

You can talk about it all you want, but unless your state lets you carry the loaded gun of your choice, with what ever sized magazine you chose, on your person or in your private vehicle, buy and sell your guns among yourselves without having to go through the government, you are not really living in a free state,

 

[GaryS]

Why would they go to the expense of doing that? Plus, the frame is the only part that requires a serial number as federal law defines the receiver as the gun.

Good question. In the long run, it accomplishes nothing.

I expect manufacturers to begin putting a gun’s serial number on various internal parts, and that the number will only be legible when viewed with a certain type of light or read by a dedicated scanner of some sort. Not only will people not be able to see the number, they’ll be clueless as to its location.