Yesterday, a judge in West Virginia ruled that
the federal law banning possession of guns with "removed, obliterated, or altered" serial numbers (U.S.C. § 922(k)) is unconstitutional. The government will likely appeal. storage.courtlistener.com/recap/gov.usco…
the federal law banning possession of guns with "removed, obliterated, or altered" serial numbers (U.S.C. § 922(k)) is unconstitutional. The government will likely appeal. storage.courtlistener.com/recap/gov.usco…
"These scenarios make clear that Section 922(k) is far more than the mere commercial regulation the Government claims it to be. Rather, it is a blatant prohibition on possession."
"Certainly, the usefulness of serial numbers in solving gun crimes makes Section 922(k) desirable for our society. But the Supreme Court no longer permits such an analysis."
"Even in 1968 there was no prohibition on mere possession of a firearm that had the serial number altered or removed. In fact, it was not until the Crime Control Act of 1990 that Section 922 was amended..."
"Finally, I can find no authority for the idea that a firearm without a serial number would meet the historical definition of a dangerous or unusual firearm."
"The Government has not done so here, and I have no choice but to find 18 U.S.C. § 922(k) unconstitutional."
"Congratulations to Lex A. Coleman of the West Virginia Public Defender's Office, who prevailed on this issue." reason.com/volokh/2022/10…
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