More on Defining the Scope of Heller....

More on Defining the Scope of Heller....

This is a discussion on More on Defining the Scope of Heller.... within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Just saw this and haven't fully digested it but wanted to see what others thought of it: In Wake of 'Heller,' 3rd Circuit OKs Ban ...

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  1. #1
    Member Array gmark340's Avatar
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    More on Defining the Scope of Heller....

    Just saw this and haven't fully digested it but wanted to see what others thought of it:

    In Wake of 'Heller,' 3rd Circuit OKs Ban on Unnumbered Guns
    Shannon P. Duffy
    07-30-2010

    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.

    Read the rest of this article here.
    Last edited by Bumper; July 30th, 2010 at 02:49 PM. Reason: Compliance with copyright law.


  2. #2
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    I wish its content was something other than obliterated serial numbers.

    However -- initially, I like Scirica's opinion "that courts faced with unanswered questions in the Second Amendment arena should consider looking to the extensive jurisprudence on First Amendment claims for guidance."
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    Quote Originally Posted by DaveH View Post
    I wish its content was something other than obliterated serial numbers.

    However -- initially, I like Scirica's opinion "that courts faced with unanswered questions in the Second Amendment arena should consider looking to the extensive jurisprudence on First Amendment claims for guidance."
    Interesting. I had to quickly double check the judge's name as another judge Scirica was the Watergate judge back in the 1970s.

    Anyway, what he wrote seems sensible enough. The serial numbers are regulation of commerce not gun ownership.

  4. #4
    VIP Member Array MitchellCT's Avatar
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    This is much ado about nothing.

    Heller recgonized the 2nd amendment as an individual right, subject to reasonable restrictions. McDonald affirmed it is applicable to the states, and that the right is fundamental, but not unlimited.

    We are left in a position that allows for some firearm regulation (we do not know what level or how much) being constitutional; however, this is a case were a criminal defendant is arguing for his RKBA and the subject of it is a weapon he problably stole with a serial number that was filed off - rather than a manufactured case with a favorable person bringing a 2nd amendment (via the 14th) claim against a government body who has vastly overreached it's authority.

    I am not worried in the slightest by this case.

    Nor should you be.

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    I have an old Winchester .22 rifle that has no serial number. Not obliterated, just not there. I wonder what they would say about that?
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    Quote Originally Posted by OldVet View Post
    I have an old Winchester .22 rifle that has no serial number. Not obliterated, just not there. I wonder what they would say about that?

    IANAL: but my understanding is the issue is not whether the gun has a serial or not, but whether a gun with a serial number had the serial number removed, altered or obliterated.

  7. #7
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by OldVet View Post
    I have an old Winchester .22 rifle that has no serial number. Not obliterated, just not there. I wonder what they would say about that?
    Not relevant to this case.

    This is about a firearm with the serial number illegally removed, not a pre 68 gun.

  8. #8
    Member Array tflhndn's Avatar
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    And while the article does not point it out, the court's opinion includes a footnaote that says the court used the terms unnumbered interchangeably with "alter, obscured or removed"... because the difference was not relevant to the specific case.

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