The government argued that the regulation is constitutional because it is a “commercial regulation” that does not infringe on the right to keep and bear arms.īut Goodwin, who was appointed to the Southern District of West Virginia by former President Clinton, ruled that the law is not a commercial regulation because it criminalizes the possession of firearms without a serial number, regardless of whether it is sold. The Second Amendment was ratified as part of the Bill of Rights in 1791. Goodwin said in his ruling that a firearm without a serial number, in 1791, was not considered more dangerous or unusual than other firearms because serial numbers were not commonly used at the time. Justice Clarence Thomas wrote in the majority opinion that the regulations on firearms should be “consistent” with historical patterns of regulating firearms.
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