Author Topic: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional  (Read 544 times)

MechAg94

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BREAKING! Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
https://www.youtube.com/watch?v=cMlO-2EH3Y0

He links to the text of the ruling in the description.  Federal District Judge in West Virginia.

Looks like the judges left the "felon in possession" charge in place, but declared the charge for removing the serial number was unconstitutional based on the Bruen decision. 

We may be in for some interesting court decisions over the next year or two.  It has only been a few months and we are already seeing a lot of decisions based on Bruen.  The interesting part to me is we are seeing gun laws get thrown out under Bruen that I never expected.  I hoping this adds up and we more rulings at higher levels as well.
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Hawkmoon

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #1 on: October 13, 2022, 08:43:19 PM »
If this holds up to an appeal, it's going to be bad news for states with "ghost gun" laws requiring unfinished frames and reveivers to get serial numbers and be transferred through FFLs.
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230RN

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #2 on: October 14, 2022, 12:35:38 AM »
<left parenthesis>

You don't suppose that things like the Bruen decision might tend to convince the SC dissenters that their job is not to establish Nirvana, Heaven, or Summerland  with their thinking, but to interpret the Constitution by its words?

Just by SCOTUS water cooler discussions among the justices?

<right parenthesis>

Nahhhh, Terry.  You dreamer, you.  Idealists don't think that way. Pass the ketchup.
WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

kgbsquirrel

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #3 on: October 14, 2022, 02:00:51 AM »
Positive news.

HankB

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #4 on: October 14, 2022, 09:35:54 AM »
Sounds good . . . but until it survives appeal, I wouldn't advise anyone to start filing off the serial numbers on their guns. (Filing may not be enough, there are techniques which can recover the numbers. Drilling them out - assuming you don't compromise structural integrity - works better. Or so I've heard.)
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MechAg94

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #5 on: October 14, 2022, 11:02:02 AM »
Sounds good . . . but until it survives appeal, I wouldn't advise anyone to start filing off the serial numbers on their guns. (Filing may not be enough, there are techniques which can recover the numbers. Drilling them out - assuming you don't compromise structural integrity - works better. Or so I've heard.)
Unless the prosecutor just wants to see these decisions get more traction, I figure they won't appeal.  It will be interesting to see how many more decisions like this happen and how many get pushed up the ladder.
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Perd Hapley

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #6 on: October 14, 2022, 11:05:18 AM »
Sounds good . . . but until it survives appeal, I wouldn't advise anyone to start filing off the serial numbers on their guns. (Filing may not be enough, there are techniques which can recover the numbers. Drilling them out - assuming you don't compromise structural integrity - works better. Or so I've heard.)

[file in hand, and covered with shavings] Aw, crap! [looks up how to restore serial numbers]
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230RN

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #7 on: October 14, 2022, 10:37:22 PM »
Acid etching, I am told, is one way

Apparently the impact or forces applied when imprinting the serial "number" distorts the crystalline structure for quite a ways into the metal and can be brought out again by the differential etching of the distorted crystals versus the un-distorted metal structure surrounding the characters.

WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

kgbsquirrel

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Re: Judge Rules Laws Against Removing Serial Numbers Is Unconstitutional
« Reply #8 on: October 15, 2022, 01:32:32 AM »
Acid etching, I am told, is one way

Apparently the impact or forces applied when imprinting the serial "number" distorts the crystalline structure for quite a ways into the metal and can be brought out again by the differential etching of the distorted crystals versus the un-distorted metal structure surrounding the characters.

Or you can just X-ray it.  Easier, but goes after the same thing, the compressed/distorted under layers of metal.