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Posted: 10/13/2022 7:05:17 PM EST
Yesterday a Federal District Court in WV found 18 USC § 922(k) unconstitutional. 922(k) criminalizes the possession of guns with removed, altered, or obliterated serial numbers. The court found no historical tradition of regulation where s/n were required for possession. Of course, this will be appealed, but for now it is unconstitutional.
https://storage.courtlistener.com/recap/gov.uscourts.wvsd.234171/gov.uscourts.wvsd.234171.48.0.pdf?fbclid=IwAR1gpJ2VVs1CzpLTzTJHH9e-DefGRVvOqG7kk8VWfF4lE5sLBWNDg2HbHYw
cmmg
Link Posted: 10/31/2022 9:53:02 PM EST
[#1]
What jurisdiction does this cover?  Would this only apply to West Virginia, a section of WV or the US as a whole?
Link Posted: 11/1/2022 4:05:00 PM EST
[Last Edit: softpoint] [#2]
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Originally Posted By officerX:
What jurisdiction does this cover?  Would this only apply to West Virginia, a section of WV or the US as a whole?
View Quote


This ruling only applies to the US District covered by this District Judge, less than all of West Virginia, but the facts of the case are the same for everywhere in the United States. Winning a US District Court case is no small thing. The fact that one Federal Judge has been convinced of the facts of the case means that other Judges might also be convinced. Changes in law always start somewhere and then move into larger areas. There are 89 District Courts in the 50 states. Changes in the law rarely start off in the Supreme Court and apply everywhere. This ruling will be appealed to the US Circuit Court, then it could go to the US Court of Appeals and then the US Supreme Court. None of this can happen if it doesn't start somewhere and win somewhere. It is the responsibility of the loser to finance and argue any appeal. Dick Heller worked for 36 years before his case came to the US Supreme Court and he was allowed to own a gun and keep it in his home in Washington, D. C. His case started in a US District Court, where he lost and he lost at every level until the US Supreme Court.
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