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OfflineKryptos
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Federal judge rules that filing serial numbers off guns is legal * 1
    #27998215 - 10/14/22 08:10 AM (1 year, 7 months ago)

US district court judge Joseph Goodwin in Charleston ruled that the federal bans on removing/defacing serial numbers on guns, or making it illegal to possess guns with their serial numbers filed off, are unconstitutional, as the removal of serial numbers from guns was not banned in the 18th century.

I think we should strike down the TSA's rule against open carry on airplanes, because there was no ban on bringing guns onto a plane in the 18th century.

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Offlinechristopera
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #27998221 - 10/14/22 08:12 AM (1 year, 7 months ago)

The founding fathers are gods and should never be questioned.


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InvisibleEnlilMDiscord
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: christopera]
    #27998321 - 10/14/22 09:24 AM (1 year, 7 months ago)

Keep it in perspective.  This is a district court judge. A Clinton nominee for sure.  His opinion carries no weight outside of his courtroom.


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OfflineBrian Jones
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Enlil]
    #27998336 - 10/14/22 09:33 AM (1 year, 7 months ago)

So that's the lowest rung of the federal court system?


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InvisibleEnlilMDiscord
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Brian Jones]
    #27998350 - 10/14/22 09:41 AM (1 year, 7 months ago)

Not quite.  Magistrate judges are the lowest.  District judges are the trial level judge.


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OfflineBrian Jones
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Enlil]
    #27998393 - 10/14/22 10:08 AM (1 year, 7 months ago)

How would this case go to appeals?


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OfflineKryptos
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Enlil]
    #27998397 - 10/14/22 10:15 AM (1 year, 7 months ago)

Quote:

Enlil said:
Keep it in perspective.  This is a district court judge. A Clinton nominee for sure.  His opinion carries no weight outside of his courtroom.




The reasoning seems pretty explicitly sound given the test proposed by SCOTUS. If it was allowed in the 18th century, then it cannot be banned today.

It's clearly an activist ruling, pointing out the idiocy of the new SCOTUS standard established by Bruin. Which means that the appeal is going to be somewhat pivotal. If the ruling is upheld on appeal, then SCOTUS might be making some uncomfortable decisions. IF the appeal is overturned, SCOTUS will decline hearing the case, conveniently avoiding any difficult questions.

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OfflineSirTripAlot
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: christopera]
    #27998426 - 10/14/22 10:41 AM (1 year, 7 months ago)

Quote:

christopera said:
The founding fathers are gods and should never be questioned.




Superheros combined with myth and a good dose of fake nostalgia.


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InvisibleEnlilMDiscord
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #27998437 - 10/14/22 10:52 AM (1 year, 7 months ago)

Quote:

Brian Jones said:
How would this case go to appeals?



It would be appealed to the fourth circuit.  If the fourth circuit affirms, it could go to the SCOTUS.
Quote:

Kryptos said:

The reasoning seems pretty explicitly sound given the test proposed by SCOTUS. If it was allowed in the 18th century, then it cannot be banned today.




That's not what Bruen says, though.


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OfflineKryptos
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: SirTripAlot]
    #27998443 - 10/14/22 10:53 AM (1 year, 7 months ago)

I kinda agree with Alan Moore's assessment that the modern obsession with superheroes past the age of 12 has slight fascist overtones.

I wonder if the founding father worship or the superhero boom came first?

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OfflineKryptos
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Enlil]
    #27998450 - 10/14/22 10:57 AM (1 year, 7 months ago)

Quote:

Enlil said:
Quote:

Brian Jones said:
How would this case go to appeals?



It would be appealed to the fourth circuit.  If the fourth circuit affirms, it could go to the SCOTUS.
Quote:

Kryptos said:

The reasoning seems pretty explicitly sound given the test proposed by SCOTUS. If it was allowed in the 18th century, then it cannot be banned today.




That's not what Bruen says, though.




Quote:

After striking down the two-step intermediate scrutiny test (formerly utilized by Courts of Appeals addressing Second Amendment issues), Bruen identified the new test courts must use on Second Amendment cases. The Court held: "When the Second Amendment's plain text covers an individual's conduct [here the right to bear arms], the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation's historical tradition of firearm regulation. Only then may a court conclude that the individual's conduct falls outside the Second Amendment's "'unqualified command.'"




While the argument towards "historical tradition" is absurdly non-specific, it seems that the NY laws established in 1911 are not historic enough to be considered part of the tradition. Therefore, it seems pretty logical to assume that a law requiring serial numbers from 1968 is not even remotely historical or traditional. Laws banning firearms on planes started around 1961, from a cursory google search, so those are also clearly not historical or traditional.

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InvisibleEnlilMDiscord
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #27998459 - 10/14/22 11:04 AM (1 year, 7 months ago)

As much as I know you love to play armchair attorney, I'm gonna pass on this one.  Law isn't about finding a quote in a case, as much as it may appear to be.  I haven't the energy today to give to your edification at the moment.


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OfflinePsilynut2
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #27998489 - 10/14/22 11:27 AM (1 year, 7 months ago)

Quote:

Laws banning firearms on planes started around 1961, from a cursory google search, so those are also clearly not historical or traditional.




Laws banning firearms in towns and other places are as old as the old west though .


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InvisiblemushboyMDiscord
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Psilynut2]
    #27998506 - 10/14/22 11:40 AM (1 year, 7 months ago)

Sam Elliot enforced it in tombstone.

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OfflinePsilynut2
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: mushboy]
    #27998510 - 10/14/22 11:44 AM (1 year, 7 months ago)

Tombstone has much less restrictive weapon carrying rules today than they did back then . Couldn't even carry a knife .


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OfflineKryptos
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Psilynut2]
    #27998523 - 10/14/22 11:54 AM (1 year, 7 months ago)

Knives are still pretty heavily regulated in most places. They're not covered by the second amendment, though I think Scalia was starting to push towards the idea that knives should be constitutionally protected towards the end of his career.

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OfflinePsilynut2
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #27998618 - 10/14/22 12:49 PM (1 year, 7 months ago)

They should have been included in the second amendment , I always need a knife after  I shoot something.


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OfflineSirTripAlot
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #27998646 - 10/14/22 01:01 PM (1 year, 7 months ago)

If true, that would be comic al.


--------------------
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Fear is the mind-killer.
Fear is the little-death that brings total obliteration.
I will face my fear. I will permit it to pass over me and through me.
And when it has gone past I will turn the inner eye to see its path.
Where the fear has gone there will be nothing. Only I will remain.”

Edited by SirTripAlot (10/14/22 01:02 PM)

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OfflineKryptos
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: SirTripAlot]
    #27998973 - 10/14/22 04:15 PM (1 year, 7 months ago)

Scalia wrote about knives in DC v Heller, substantially arguing that they would be considered "arms" under the second amendment, as they could be used for self-defense, but since the case was about guns the ruling only focused on guns.

I believe that Scalia also brought up the subject in the big gun case that was before Heller, but it's been a few years since I dug into it. There have been no concrete rulings on the topic thus far. As far as I know.

EDIT: I'm gonna give Enlil an aneurysm with my armchair attorney-ing...

Edited by Kryptos (10/14/22 04:27 PM)

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Offline4-HO-Gumbo
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Re: Federal judge rules that filing serial numbers off guns is legal [Re: Kryptos]
    #28019996 - 10/27/22 06:31 PM (1 year, 6 months ago)

Texas recently scrapped “other weapons” bans for carry, like brass knuckles, automatic knives (switchblades), collapsible barons etc.

I mean, you can walk around with a fucking sword, but we couldn’t carry a baton? Lmao


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