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Third Circuit rejects Second Amendment attack on federal crime of possessing gun with obliterated serial number

By Douglas A. Berman

The Third Circuit has a very detailed and interesting discussion of Heller and the Second Amendment's impact on gun possession prohibitions and regulation today in US v. Marzzarella, No. 09-3185 (3d Cir. July 29, 2010) (available here). Here is how the lengthy opinion gets started and ends: This appeal presents a single issue, whether Defendant Michael Marzzarella?s conviction under 18 U.S.C. § 922(k) for possession of a handgun with an obliterated serial number violates his Second Amendment right to keep and bear arms.  We hold it does not and accordingly will affirm the conviction.... Second Amendment doctrine remains in its nascency, and lower courts must proceed deliberately when addressing regulations unmentioned by Heller.  Accordingly, we hesitate to say Marzzarella?s possession of an unmarked firearm in his home is unprotected conduct...continue to full post

Full post as published by Sentencing Law and Policy on July 29, 2010 (boomark / email).