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Ban on guns with serial numbers removed is unconstitutional -U.S. judge

We Never Know

No Slack
One step forward and two steps back.

I'm an avid gun owner and I think this is crazy.

"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.

The decision came in a criminal case charging a man, Randy Price, with illegally possessing a gun with the serial number removed that was found in his car. The judge dismissed that charge, though Price is still charged with illegally possessing the gun after being convicted of previous felonies.

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."

Ban on guns with serial numbers removed is unconstitutional -U.S. judge
 

sun rise

The world is on fire
Premium Member
In lieu of swear words:

How dare we try to stop terrorists and criminals owning any sort of firearm they want to so they can shoot and rob us. After all, killing and maiming people is our inalienable right. They should be featured on TV as heroes of freedom and given medals.
 

Kenny

Face to face with my Father
Premium Member
In lieu of swear words:

How dare we try to stop terrorists and criminals owning any sort of firearm they want to so they can shoot and rob us. After all, killing and maiming people is our inalienable right. They should be featured on TV as heroes of freedom and given medals.
I am just as avid in stopping terrorists and criminals from owning a firearm. But, as we can see, didn't this criminal have one anyway? I don't think it stops criminals from having one.
 

Orbit

I'm a planet
I am just as avid in stopping terrorists and criminals from owning a firearm. But, as we can see, didn't this criminal have one anyway? I don't think it stops criminals from having one.

But it stopped him from being prosecuted for having one, didn't it?
 

TagliatelliMonster

Veteran Member
I am just as avid in stopping terrorists and criminals from owning a firearm. But, as we can see, didn't this criminal have one anyway? I don't think it stops criminals from having one.

When in a culture that has MORE privately owned guns then citizens, is it any surprise that criminals have no problem finding guns?

Criminals in Belgium have guns also.
I, however, can guarantee you that they have to go through immensely more troubles and jump through many more hoops, and spend a LOT more money, to have those guns then in the US.

And then you still need ammo. Unlike in the US, you can't just buy those at the local grocery store as a matter of speaking.
 

Orbit

I'm a planet
No.. he is still prosecuted for having a gun when he should not have one.[/QUOTE

"A federal judge in West Virginia has ruled that a federal ban on possessing a gun with its serial number removed is unconstitutional"

That means he doesn't have a felony now, when he should.
 

SomeRandom

Still learning to be wise
Staff member
Premium Member
I am just as avid in stopping terrorists and criminals from owning a firearm. But, as we can see, didn't this criminal have one anyway? I don't think it stops criminals from having one.
To be fair, it’s not like laws stop criminal behaviour either. But we still make them all the same
 

stvdv

Veteran Member
One step forward and two steps back.

I'm an avid gun owner and I think this is crazy.

"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.

The decision came in a criminal case charging a man, Randy Price, with illegally possessing a gun with the serial number removed that was found in his car. The judge dismissed that charge, though Price is still charged with illegally possessing the gun after being convicted of previous felonies.

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."

Ban on guns with serial numbers removed is unconstitutional -U.S. judge
Seems to me, that the judge needs more murder cases in his courtroom, hence he makes it easier for criminals. Maybe part of the Great Reset, I can see how that works
 

Audie

Veteran Member
If it's unconstitutional, then it is.
The church people didn't like having the Bible taken out of school
The racists didn't like equal rights.
Darn that stupid constitution.

And they all say the law is wrong and .
sputter with outrage.
 

Kenny

Face to face with my Father
Premium Member
When in a culture that has MORE privately owned guns then citizens, is it any surprise that criminals have no problem finding guns?

Criminals in Belgium have guns also.
I, however, can guarantee you that they have to go through immensely more troubles and jump through many more hoops, and spend a LOT more money, to have those guns then in the US.

And then you still need ammo. Unlike in the US, you can't just buy those at the local grocery store as a matter of speaking.
Yes... totalitarianism does produce a measure of safety. I believe no guns were allowed for the citizenry in Germany before the Holocaust.
 

We Never Know

No Slack
When in a culture that has MORE privately owned guns then citizens, is it any surprise that criminals have no problem finding guns?

Criminals in Belgium have guns also.
I, however, can guarantee you that they have to go through immensely more troubles and jump through many more hoops, and spend a LOT more money, to have those guns then in the US.

And then you still need ammo. Unlike in the US, you can't just buy those at the local grocery store as a matter of speaking.

One is no good without the other(ammo and guns).
 

Subduction Zone

Veteran Member
If it's unconstitutional, then it is.
The church people didn't like having the Bible taken out of school
The racists didn't like equal rights.
Darn that stupid constitution.

And they all say the law is wrong and .
sputter with outrage.
The Constitution is regularly reinterpreted. I think that this judge may have been sending a dig back at the latest USSC gun decision.
 

Stevicus

Veteran Member
Staff member
Premium Member
One step forward and two steps back.

I'm an avid gun owner and I think this is crazy.

"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.

The decision came in a criminal case charging a man, Randy Price, with illegally possessing a gun with the serial number removed that was found in his car. The judge dismissed that charge, though Price is still charged with illegally possessing the gun after being convicted of previous felonies.

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."

Ban on guns with serial numbers removed is unconstitutional -U.S. judge


I saw in the article that the argument they used was regarding historical tradition, based on an earlier precedent.

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.

Bruen said serial numbers were not required when the Second Amendment was adopted in 1791, and were not widely used until 1968, putting them outside that tradition.

Historical tradition. There's an argument that can cut in any number of directions.
 

TagliatelliMonster

Veteran Member
Yes... totalitarianism does produce a measure of safety.

upload_2022-10-20_9-1-54.png



Totalitarianism? Belgium? Really?
Good grief...


I believe no guns were allowed for the citizenry in Germany before the Holocaust.

Aaaaaaaand there's Godwin.

Thanks for playing.
 

Audie

Veteran Member
I saw in the article that the argument they used was regarding historical tradition, based on an earlier precedent.



Historical tradition. There's an argument that can cut in any number of directions.

Oh?
Precedent isn't historical tradition
in anything like the sense you suggest.

And precedent is a core concept in
law.
 

metis

aged ecumenical anthropologist
I am just as avid in stopping terrorists and criminals from owning a firearm. But, as we can see, didn't this criminal have one anyway? I don't think it stops criminals from having one.
So, why should we make it easier plus make it more difficult to trace for the police? Do you really think Jesus would sanction this if he were here with us?
 
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