Minnesota college senior faces 10 years in prison for LEGAL gun possession

[Suck My Glock]

Fellow possessed 2 homemade weapons without serial numbers, within the bounds of federal law. But an old state law based on misunderstanding of the federal statutes has this young man jammed up for what everyone believed were legally owned guns.

https://alphanews.org/exc-minnesota-mot ... n-charges/


“Under the plain meaning of the statute, the rifles made and possessed by Anderson were not ‘firearms’ as contemplated in [the federal law] and thus no serial number was required,” his attorney said in court documents. “Federal law does not require serial numbers to be placed on personally manufactured firearms created for private use.”

Additionally, if state law actually does ban Anderson’s privately made firearms with no serial numbers, then it should be ruled unconstitutional, his attorney argued.

“Commercially manufactured or imported firearms were not required to have serial numbers until 1968 and personally manufactured firearms still do not require a serial number under federal law. There is no historical tradition or authority to ban possession of rifles and shotguns that are in common use and circulation that are suitable for civilian purposes and target shooting simply for not having a number engraved on the metal,” he said.

Rob Doar, senior vice president of government affairs with the Minnesota Gun Owners Caucus, said the legal issues are nuanced, but “essentially the prosecutor is taking a bad reading of poorly drafted legislation.”

“In a nutshell, 609.667 prohibits the possession of firearms that do not have a serial number. It defines a serial number by referencing federal law, the National Firearms Act,” Doar told Alpha News. “The clear intent of the statute is to prohibit possession of unserialized firearms that fall within the National Firearms Act regulations, for example, automatic weapons and short barrel rifles. Because these weapons are required to be registered at the federal level, they must possess a serial number. The federal government does not prohibit the manufacture of firearms for personal use, and creates zero requirements for serializing personally manufactured firearms.

“It cannot possibly be construed to extend beyond those types of firearms, because before 1968 firearms were not required to even have serial numbers, but there’s been no question that those are still legal to own today. In fact, the Minnesota DNR auctions off serial-less firearms every year,” he added.