BREAKING NEWS: Judge Finds Obliterated Serial Numbers Law Is UNCONSTITUTIONAL

Published on October 13, 2022
Duration: 5:46

A federal judge in West Virginia has ruled that the law prohibiting possession of firearms with obliterated serial numbers (18 USC 922(kilo)) is unconstitutional, citing the Supreme Court's Bruin decision. The ruling emphasizes that such prohibitions must be based on the text, history, and tradition of the Second Amendment. While the felon in possession charge (18 USC 922(g)(1)) was upheld, this decision on serial numbers is a significant development, though its immediate impact is limited to the specific case.

Quick Summary

A federal judge in West Virginia has ruled that the law prohibiting possession of firearms with obliterated serial numbers (18 USC 922(kilo)) is unconstitutional, citing the Supreme Court's Bruin decision. This ruling emphasizes that such prohibitions must align with the text, history, and tradition of the Second Amendment.

Chapters

  1. 01:06Obliterated Serial Numbers Law Unconstitutional Ruling
  2. 01:49Bruin Decision: Text, History, Tradition Analysis
  3. 02:17Memorandum Opinion and Order Details
  4. 03:07Bruin Decision Impact and Implications

Frequently Asked Questions

What federal law regarding firearms with obliterated serial numbers was recently ruled unconstitutional?

The law prohibiting possession of a firearm with an altered, obliterated, or removed serial number, codified as 18 USC 922(kilo), was found unconstitutional by a judge in the Southern District of West Virginia.

What legal precedent led to the ruling on obliterated serial numbers?

The ruling was heavily influenced by the Supreme Court's decision in New York State Rifle and Pistol Association versus Bruin, which mandates that firearm regulations must be consistent with the text, history, and tradition of the Second Amendment.

Does the ruling on obliterated serial numbers affect all firearm possession laws?

No, the ruling specifically addressed 18 USC 922(kilo). The judge upheld the constitutionality of the law prohibiting felons from possessing firearms (18 USC 922(g)(1)). The impact of the serial number ruling is currently limited to the case in which it was made.

What historical context was considered regarding firearm serial numbers?

The judge noted that there was no historical requirement for serial numbers on firearms around the time the Second Amendment was ratified in 1791. Serial number mandates were introduced much later, notably with the Gun Control Act.

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