US v MARZZARELLA - Another 2nd Amendment Scope Case

[1066]

http://www.ca3.uscourts.gov/opinarch/093185p.pdf

A pretty good "plain english" summary is at:
Law.com - In Wake of 'Heller,' 3rd Circuit OKs Ban on Unnumbered Guns

 

[oldRoger]

1066 Thank you for posting.
As some of us have discussed Heller-McDonald should not have been seen as a reason to order a MP-5 (full-auto) if your state does not allow them.
I note with concern the emphasis on “home and hearth” in this decision. Not good news for those who think the SCOTUS decisions will rapidly improve conditions in states where carry permits are difficult to obtain. Alan Gura seems to be testing this area in New York and Maryland. Good luck to them!
I am surprised that someone is not trying to pick off some of the low hanging fruit like NYs ridiculous 6 month delay to get a permit to purchase, which certainly interferes your basic right to self-defense of home and hearth.

 

[JWiley]

"Because a firearm with a serial number is equally effective as a firearm without one, there would appear to be no compelling reason why a law-abiding citizen would prefer an unmarked firearm. These weapons would then have value primarily for persons seeking to
use them for illicit purposes."

oldRoger, I think you've missed the point of the decision.

The 3rd CA has said that possession of an un-serialized firearm is proof that the possesor is a criminal and will use the firearm for "illicit purposes."

If that decision is not reversed:
- How many collectors will have to destroy the value of their collections by marking their legitimetly un-marked firearms?
- How many companies will no longer be able to produce 80% frames for the enthusiast to finish?

 

[watchmanjimg]

Actually, the point is simply that the right to bear arms under the 2nd Amendment extends only to lawful firearms. A firearm that was originally marked with a serial number which has been removed/altered/etc. is unlawful. This rationale does not apply to legitimately unmarked firearms, nor to the 80% frames you mention as these are recognized as lawful.

 

[oldRoger]

The case was about a specific class of firearms which have been determined to be illegal. The point 1066 made and with which I agree is that all of the firearms and ammunition in 18 U.S.C. 922 will most probably not be found to pass the tests evolving as a result of Heller-McDonald.
The previous discussion about Skoien (7ca) didn’t show much in the way of tightening of due process requirements for 2nd amendment cases either.

So while you will not suddenly find that your previously legal firearms suddenly are illegal, you are not going to find any sudden relief from regulations.

As to reversing 09-3185 I very seriously doubt that it will be appealed. IMO it is in keeping with SCOTUS in Heller-McDonald.