Another look at that serial number court ruling
Ban on guns with serial numbers removed is unconstitutional -U.S. judge
Oct 13 (Reuters) – A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional, the first such ruling since the U.S. Supreme Court dramatically expanded gun rights in June.
U.S. District Judge Joseph Goodwin in Charleston on Wednesday found that the law was not consistent with the United States’ “historical tradition of firearm regulation,” the new standard laid out by the Supreme Court in its landmark ruling.
Price’s lawyer, Lex Coleman, called the decision “thoughtful, measured and accurate.” A spokesperson for the office of U.S. Attorney William Thompson in Charleston, which is prosecuting the case, said the office was “reviewing the ruling and assessing options.”
The federal law in question prohibits anyone from transporting a gun with the serial number removed across state lines, or from possessing such a gun if it has ever been transported across state lines.
Serial numbers, first required by the federal Gun Control Act of 1968, are intended to prevent illegal gun sales and make it easier to solve crimes by allowing individual guns to be traced.
Price argued that the law is unconstitutional in light of the Supreme Court’s June 24 ruling in New York State Rifle & Pistol Association Inc v. Bruen. That ruling held that under the Second Amendment of the U.S. Constitution, the government cannot restrict the right to possess firearms unless the restriction is consistent with historical tradition.
WOW! It’ll be interesting to see what further fall out comes from Bruen. And will it stand up to appeals by the powers that be.
The question, since Bruen is actual law, is how long it’ll take before the lower courts finally get their heads screwed on straight, accept that SCOTUS has spoken, and properly use “Text-History-Tradition” concerning infringements on the people’s rights in relation to the time when the 2nd and 14th amendments were ratified