Interesting application of the 2nd Amendment
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Is the court pushing too far? The 1791 analogue thing is interesting. You be the judge.
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Yup, I think when you take things too literal, there are problems.
(NOTE: even though I play a constitution expert on TV, I am not one in real life)
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According to the Judge, serial numbers were not stamped on guns when the Constitution was concocted by the Founding Fathers. Therefore, it cannot be a crime to remove serial numbers.
By the same logic, the Second Amendment should apply only to arms that were in use when the Constitution was ratified, i.e. single shot black powder muzzle loaders. Therefore a Brown Bess is constitutionally okay but not any modern breech loading firearm that is popular among shooters today.
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@Renauda said in Interesting application of the 2nd Amendment:
According to the Judge, serial numbers were not stamped on guns when the Constitution was concocted by the Founding Fathers. Therefore, it cannot be a crime to remove serial numbers.
By the same logic, the Second Amendment should apply only to arms that were in use when the Constitution was ratified, i.e. single shot black powder muzzle loaders. Therefore a Brown Bess is constitutionally okay but not any modern breech loading firearm that is popular among shooters today.
But...Before 1968, firearms made in the U.S. or imported into the U.S. were not required to have serial numbers.
Just a small factoid.