Clutching frantically to 'Heller,' 3rd Circuit OKs Ban on Unnumbered Guns

LAW.COM ^ | Shannon P. Duffy

[Rabin]

"In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the U.S. Supreme Court has declared the right to be an individual one, the 3rd U.S. Circuit Court of Appeals has refused to strike down a federal law that bans possession of guns with obliterated serial numbers… McLaughlin held that the Second Amendment does not protect a right to own handguns with obliterated serial numbers and that 922(k) does not meaningfully burden the "core" right recognized in Heller -- the right to possess firearms for defense of hearth and home."

See also (The Legal Intelligencer, http://www.law.com/jsp/pa/this_week.jsp)

[Rabin]

The (3rd U.S. Circuit) camel's nose may well be a horses ass.

[Chode]

those guns were stolen...

[sourcery]

The Constitution grants no power to criminalize the possession of any guns, numbered or otherwise. No reference to the Second Amendment is necessary to conclude that the statute is not and can never be Constitutionally valid.

[aliquando]

The 3rd Circuit is no has not read the Constitution since their oldest judge was in grade school.

[wastedyears]

Before Congress said so, I don’t think guns were numbered. More unconstitutional infringement on my God-given rights.

[kbennkc]

There is a difference between guns without serial numbers and guns with obliterated numbers.

[Mr Rogers]

I don’t have a problem with this. We have a right to bear arms, but nothing says those arms must be allowed to have no serial number. I own a number of guns, and all of them have serial numbers. It isn’t a big deal.

[Blood of Tyrants]

The Constitution grants no power to the government to deny the possession to ANY free man. If an ex-con cannot be trusted with a gun, then they should not be released from prison.

[gitmo]

Would it be OK if they all had the same numbers on them?

[muddler]

Lots of older guns, very high quality guns, do not have serial numbers and are perfectly legal.

So what is the difference?

[kbennkc]

Would it be OK if they all had the same numbers on them?

You might find that very situation if you had a couple guns by the same manufacturer produced before serial numbers were mandated. You could be looking at a part number and be confused as to why it reads the same on both weapons. But you would have to be in law enforcement to be that confused about weapons.

[Mr Rogers]

I think the main purpose of the serial numbers is to tracks sales thru dealers. Older guns have already been sold.

Folks who remove serial numbers usually are not doing it because they are good people who were bored one afternoon. And if they were, there would be no way to catch them since there is no good reason for a cop to inspect your gun unless you have been involved in shooting someone.

Given that only 3 states allow ‘Constitutional Carry’, I think we have bigger fish to fry.

[Lancey Howard]

Isn’t this requirement that guns have serial numbers an infringement? Next, the government might require all guns to have “safety locks” or GPS chips.

[smokingfrog]

Unfortunately, the constitution does not say that the right to manufacture firearms shall not be infringed.

[guitarplayer1953]

That is what I thought too. That really old guns just had a makers stamp and a official stamp that the gun was safe so to say. But then again my dad had a long barrel military ww2 nazi 9mm Luger pistol with elevation sights on it because of it's long barrel and all the serial numbers match so he knew it was not a Frankenstein pistol put together from different guns.

[JSteff]

3rd U.S. Circuit Court of Appeals has refused to strike down a federal law that bans possession of guns with obliterated serial numbers

Like nearly all refurbished WWII weapons you can buy!

[adm5]

I don’t have a problem with this. We have a right to bear arms, but nothing says those arms must be allowed to have no serial number. I own a number of guns, and all of them have serial numbers. It isn’t a big deal.

Would you have a problem with your serial numbered gun being confiscated and then told days later that you don't have a right to them because the serial number has been defaced?

Who is going to believe you? Oh but you have pictures of them, well the authorities have the ACTUAL gun with no serial number.

What now?

[JayVee]

All the CMP rifles still have thier original serial #s and all of those refurbished by others have theirs too.

[Mr Rogers]

I guess I haven’t worried a lot about anyone seizing my guns. I did have to keep them in the base armory once, but no one filed off the serial numbers.

But if someone seizes my gun, you had better bet they are giving me a receipt with the serial number on it, which would also make it pretty tough for them to say it was removed by me...wouldn’t it? And the serial number prevents them from giving me back some piece of junk and keeping my like new pistol.

[Trod Upon]

Nothing specifically says that the arms must be allowed to be anything other than single shot muzzleloaders, or that they must not be required to have a nine foot barrel extension permanently welded on. Still comfortable with the line of reasoning?