Defaced serial numbers are no longer illegal as long as you did not do the defacing

[Suck My Glock]

Case in federal court in West Virginia.

Felon caught with a defaced handgun. Argued under BRUEN that both the felon in possession law and the defaced serial number law are not Constitutional. Judge upheld the felon law, but struck down the defacement law.

Read decision here: https://storage.courtlistener.com/recap/gov.uscourts.wvsd.234171/gov.uscourts.wvsd.234171.48.0.pdf

 

[billdeserthills]

This is sweeet, dems will lose their minds

 

[admin]

I'm not sure I'd phrase it the way you did in the title - it implies that anyone could do that now without getting into trouble, which is not the case. It was a WV district court, so the scope that this applies to is very narrow in Southern WV.

 

[That Guy]

Here’s the problem with these types of rulings: they are relatively obscure and almost never trickle down to the cop who pulls you over or his/her supervisor. Yeah, you my legally be in the clear but cops believe they friggin’ know EVERYTHING there is to know about firearms.

 

[Suck My Glock]

I'm not sure I'd phrase it the way you did in the title - it implies that anyone could do that now without getting into trouble, which is not the case. It was a WV district court, so the scope that this applies to is very narrow in Southern WV.

It does, however, provide a blueprint for other district courts to consider the conduct when it next appears before them. Likewise, it provides the same blueprint for a defense attorney to successfully argue the point.

 

[admin]

I'm not sure I'd phrase it the way you did in the title - it implies that anyone could do that now without getting into trouble, which is not the case. It was a WV district court, so the scope that this applies to is very narrow in Southern WV.

It does, however, provide a blueprint for other district courts to consider the conduct when it next appears before them. Likewise, it provides the same blueprint for a defense attorney to successfully argue the point.

Yes, but that would require someone to take it to court, loose and then appeal to a higher court, continue to loose and continue to appeal until it got to a circuit court for it to have any real relevance - and then get a win there.

Obliterating serial numbers (specifically) isn't likely to be one of those things that someone will battle that much and appeal that high, so it's unlikely to have much meaning.

It would be much easier to just go after the '68 GCA in light of the NYSRPA v Bruen decision, and use "text, history and tradition" to strike the GCA down entirely.

 

[Suck My Glock]

It would be much easier to just go after the '68 GCA in light of the NYSRPA v Bruen decision, and use "text, history and tradition" to strike the GCA down entirely.

I like your idea!! :clap: