United States Third Circuit

In a prosecution of defendant for possession of a firearm with an obliterated serial number, in violation of section 922(k), district court's denial of defendant's motion to dismiss the indictment is affirmed where: 1) section 922(k) passes constitutional muster even if it burdens protected conduct; 2) section 922(k) passes muster under intermediate scrutiny as regulating the possession of unmarked firearms - and no other firearms - fits closely with the interest in ensuring the traceability of weapons; and 3) even if strict scrutiny were applied to section 922(k), the statute still would pass muster as the statute protects the compelling interest of tracing firearms by discouraging the possession and use of firearms that are harder or impossible to trace, and it is also narrowly tailored.

Appellate Information

• Argued 02/22/2010
• Decided 07/29/2010
• Published 07/29/2010

Judges

• SCIRICA

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Patton, Laura S. Irwin