![]() ![]() The same exact argument could be made in this case: pistols have limited military use, and removing serial numbers makes it impossible for a militia to organise its arsenal. In 1939 (Miller vs US govt) the Supreme Court ruled the second amendment only pertained to such weapons that would be necessary for a “well-organised militia” and upheld a ban on sawed-off shotguns, since it felt these were not a military weapon. We should also focus on the effaced serial number. Miller wanted a gun, Texas law banned him from owning a gun, the court upheld Texas’s law. This was again upheld in 1894 in Miller vs Texas. black citizens) from owning guns in 1876 (Ku Klux Klan vs Cruikshank) and again in a more general sense in separate case 1886. The Supreme Court has in the past upheld state bans on undesirables (i.e. What’s crazier is that the “historical tradition” of the second amendment is that guns have been heavily regulated for most of the US’s history. “While I recognize there is an argument … that firearms with an obliterated serial number are likely to be used in violent crime and therefore a prohibition on their possession is desirable, that argument is the exact type of means-end reasoning the Supreme Court has forbidden me from considering.” “A firearm without a serial number in 1791 was certainly not considered dangerous or unusual compared to other firearms because serial numbers were not required or even commonly used at that time,” Goodwin wrote. ![]() The Second Amendment was adopted along with the rest of the Bill of Rights in 1791. “Any modern regulation that does not comport with the historical understanding of the right is to be deemed unconstitutional, regardless of how desirable or important that regulation may be in our modern society,” Goodwin wrote on Wednesday. This summer, in an opinion written by Justice Clarence Thomas, the Supreme Court said that a gun regulation had to be justified by demonstrating that the law is “consistent with this Nation’s historical tradition of firearm regulation.” The court’s decision is the latest to reflect how far reaching the Supreme Court has opened up new legal challenges to federal, state and local gun control laws nationwide. “Firearms with no serial number are just as ‘bearable’ as the same firearm with a serial number,” Judge Joseph Goodwin said in his opinion Wednesday, though he acknowledged that guns missing serial numbers “are likely to be used in violent crime.” A federal judge in West Virginia has invalidated part of a federal law that prohibits the possession of a firearm with an “altered obliterated, or removed” serial number, citing the Supreme Court’s recent decision that demands a historical review of gun laws to determine their constitutionality. ![]()
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