Constitutional Law
Exam 16
Fact pattern
Like most other states, State A had a long history of regulating the commercial sale of firearms and restricting weapons-related conduct to protect the public. Despite these existing laws, an increasing number of stolen handguns were involved in a series of crimes. The serial numbers were removed from a large majority of those handguns.
To try to curb the sale and possession of these guns, State A amended its criminal statutes to include the following provision:
It shall be unlawful for any person to knowingly transport, ship, or possess any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered
The legislature believed that the serial-number requirement would act as an effective tracking system by which to regulate the sale of these dangerous weapons and help reduce the likelihood that the weapons would be sold to dangerous and irresponsible persons who might use them in an unlawful manner. The law did not prohibit individuals from otherwise lawfully purchasing and using a weapon.
A gun collector lives in State A. Several of the guns the collector owns and sells are missing serial numbers. Soon after State A’s new law was passed, the collector was arrested and charged with the unlawful possession of handguns lacking serial numbers. At trial, the collector argued that the law infringed on his right to bear arms under the Second Amendment.
Question
How should the court rule? Explain, analyzing only J’s Second Amendment defense.