In light of the Supreme Court’s landmark decision expanding gun rights earlier this year, a federal judge on Wednesday invalidated a federal law that forbids the ownership of a firearm with an “altered, destroyed, or deleted” serial number.
According to U.S. District Judge Joseph Goodwin, the legislation is unconstitutional since there is no historical evidence to show that firearms without serial numbers are more dangerous or uncommon than firearms with serial numbers, as The Hill reported.
In his conclusion, he stated that he is adhering to the Supreme Court’s decision from June in New York State Rifle & Pistol Association v. Bruen, which overturned a New York law that imposed extra restrictions on who might carry a gun outside the home.
Background
The state’s requirement that applicants show they have a “special need” to carry a gun outside the home beyond self-defense was declared in violation of the Second Amendment by the court.
In the majority opinion, Justice Clarence Thomas stated that gun control laws should be “consistent” with prior gun control laws.
Because serial numbers were not widely used in 1791, according to Goodwin, a firearm without one was not regarded as being more hazardous or strange than other firearms.
In 1791, the Second Amendment was approved as a component of the Bill of Rights.
Because it is a “commercial regulation” and does not violate the right to keep and bear arms, the government said the restriction is constitutional.
Additional information
However, Goodwin, who was chosen by former President Clinton to serve in the Southern District of West Virginia, declared that the legislation is not a commercial regulation because it makes it illegal to carry firearms without a serial number, whether or not they are sold.
The case began with accusations made against a guy by the name of Randy Price for breaking the laws against owning firearms without serial numbers and against criminals owning firearms.
Police in Charleston, West Virginia discovered a firearm without a serial number in Price’s possession during a traffic stop.
Price had a criminal record in Ohio after being found guilty of aggravated robbery and involuntary manslaughter at the time authorities allegedly discovered the weapon.