Becker, Minnesota Man Facing Felony Charges For Manufacturing His Own Firearms

BY Herschel Smith
1 year, 4 months ago

Source.

A 22-year old man from Becker, Minn., is facing two felonies for possessing privately made firearms lacking serial numbers in a case his mother called a gross abuse of Minnesota law.

Sara Forgues, the mother of Matthew “Walker” Anderson, spoke with Alpha News regarding her son’s distressing legal battle. The case has concerning implications for gun owners across Minnesota, she said.

According to Forgues, in May 2022, Anderson and a friend were target shooting on private property in Sherburne County. The incident prompted a complaint from a neighbor, leading to the intervention of local sheriff’s deputies.

The neighbor alleged that a bullet had struck his house, but Forgues said no evidence was found to support this claim.

The charging documents provide few details about the incident, saying that the neighbor “heard glass shatter” on the lower level of his home. Discovering a broken sliding glass door, “he believed [to be] from a gunshot,” the neighbor called the police.

Anderson fully cooperated with the deputy who arrived to inspect the shooting range. He and his friend agreed to show the deputy their firearms, which included Anderson’s privately made firearms that did not have serial numbers.

He was then detained for several hours and the firearms were confiscated. Anderson was told by the deputies that he would be charged with two felonies for possessing firearms without serial numbers.

Forgues explained that after they looked into the statute the deputies cited, they believed the charges would be dropped. The statute outlines felony charges for removing a serial number from a firearm or possessing a “firearm that is not identified by a serial number.”

However, Anderson’s attorney notes in legal filings that the federal law referenced in the state statute does not consider his privately made firearms to be firearms that require a serial number.

“Under the plain meaning of the statute, the rifles made and possessed by Anderson were not ‘firearms’ as contemplated in [the federal law] and thus no serial number was required,” his attorney said in court documents. “Federal law does not require serial numbers to be placed on personally manufactured firearms created for private use.”

Additionally, if state law actually does ban Anderson’s privately made firearms with no serial numbers, then it should be ruled unconstitutional, his attorney argued.

“Commercially manufactured or imported firearms were not required to have serial numbers until 1968 and personally manufactured firearms still do not require a serial number under federal law. There is no historical tradition or authority to ban possession of rifles and shotguns that are in common use and circulation that are suitable for civilian purposes and target shooting simply for not having a number engraved on the metal,” he said.

Rob Doar, senior vice president of government affairs with the Minnesota Gun Owners Caucus, said the legal issues are nuanced, but “essentially the prosecutor is taking a bad reading of poorly drafted legislation.”

“In a nutshell, 609.667 prohibits the possession of firearms that do not have a serial number. It defines a serial number by referencing federal law, the National Firearms Act,” Doar told Alpha News. “The clear intent of the statute is to prohibit possession of unserialized firearms that fall within the National Firearms Act regulations, for example, automatic weapons and short barrel rifles. Because these weapons are required to be registered at the federal level, they must possess a serial number. The federal government does not prohibit the manufacture of firearms for personal use, and creates zero requirements for serializing personally manufactured firearms.

“It cannot possibly be construed to extend beyond those types of firearms, because before 1968 firearms were not required to even have serial numbers, but there’s been no question that those are still legal to own today. In fact, the Minnesota DNR auctions off serial-less firearms every year,” he added.

Well, Minnesota.  Is anyone surprised?

The prosecutor is taking a bad reading of poorly drafted legislation.  You think?

Basically, the prosecutor is a bad and unscrupulous lawyer (but I repeat myself) and is using a clearly unconstitutional law to score political points at the expense of an innocent man.  We’ve seen this before (case in point, Kyle Rittenhouse).  There are many other thousands of such cases.

But via reddit/Firearms, consider this wise decision by Judge Joseph Goodwin, U.S. District Judge in WV.

Assume, for example, that a law-abiding citizen purchases a firearm from a sporting goods store. At the time of the sale, that firearm complies with the commercial regulation that it bear a serial number. The law-abiding citizen takes the firearm home and removes the serial number. He has no ill intent and never takes any otherwise unlawful action with the firearm. Contrary to the Government’s argument that Section 922(k) does not amount to an “infringement” on the law-abiding citizen’s Second Amendment right, the practical application is that while the law-abiding citizen’s possession of the firearm was originally legal, it became illegal only because the serial number was removed. He could be prosecuted federally for his possession of it. That is the definition of an infringement on one’s right to possess a firearm.

The case against the innocent man from Minnesota will be dropped, or it will be appealed through the channels and eventually overturned, with the inferior courts spanked at some point in the process.

The prosecutor is advised to forget all about this and apologize for the trouble he caused.

On the larger issue of serial numbers, you’re aware why they case so much, yes?  You can’t have universal background checks without serial numbers.  The controllers are nothing is not and relentless good tacticians.

We have to be just as good and relentless.

Prior: The American Tradition of Self-Made Arms


Comments

  1. On June 19, 2023 at 1:26 am, Georgiaboy61 said:

    It isn’t just firearms which bear identifying serial numbers; identifying numbers follow us around our lives in virtually everything we do…. we’ve just gotten so inured to that fact that it doesn’t draw comment or attention any longer.

    It is now common knowledge that “Big Data” has become so all-encompassing that we are tracked and recorded virtually everywhere we go and whatever we do. And I am not even a computer pro; I shudder to think of the methodologies and tech of which I have no knowledge.

    Since your likeness has been captured by CCTV cameras at the local gun range or firearms emporium, the serial number on your firearm is almost superfluous. The fact that you get gun magazines, or make online purchases from vendors such as Brownells or Midway or any one of hundreds of other vendors tells the watchers not only that you shoot, but what caliber and even what brand of ammo you like. Whether you reload, perform gunsmithing, build your own firearms, etc.

    If you enjoy shooting at a club or indoor range, chances are that the establishment has security cameras which track and record everything. In many places, local law-enforcement has access to this footage – so it is probable that it winds up in some official database somewhere. Most ranges and clubs have undercover cops visiting them regularly, and many gun shows have police with license plate scanners recording out in the parking lot, who comes and who goes.

    All of this information is cross-referenced to data from the rest of your online and digital life; what websites you visit, what books you order online; what TV shows and movies you watch; etc.

    I could go on, but suffice it to say that “privacy” as our ancestors understood it is now virtually extinct in the United States and throughout much of the West and the First World. Here in the ‘States, the powers-that-be have access to remarkably detailed and current databases containing all sorts of information about you, the gun owner and sportsman, and they haven’t even needed to go to the Form 4473s down at the local gun store to get it.

    As they say, we’re not in Kansas anymore, Dorothy….

  2. On June 19, 2023 at 1:37 pm, scott s. said:

    Universal background check requires universal registration which requires universal serialization.

  3. On June 20, 2023 at 12:50 am, luke2236 said:

    Rule #1 – do NOT converse or cooperate with ‘authorities’. Avoid if at all possible. Demand 5th Amendment rights. Do NOT hand over firearms or any other item that ‘can be used against you’ ; make them seize it illegally and immediately file a counter suit.
    We are at war people – hafta start acting like it…

  4. On June 21, 2023 at 12:40 pm, Longbow said:

    This sounds to me like a spurious case. Under Federal Law, one can make his own firearm. One cannot make a “series”, of the same firearm unless he is licensed to do so by the Federal Government. That singular item would not be a “series”, therefor no “serial” number is required.

    One must mark the gun with the maker’s name, and city and state wherein it was made, something like, Joe Blow, Skunkville, MN.

    The maker must keep the item and never sell it. If it is properly marked and kept in possession, all is perfectly legal.

    Is there some State law mandating a “serial number” on a non-serial item? That I do not know.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Becker, Minnesota Man Facing Felony Charges For Manufacturing His Own Firearms", entry #35190 on The Captain's Journal.

This article is filed under the category(s) Second Amendment and was published June 18th, 2023 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (284)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (378)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (229)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,798)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,672)
Guns (2,338)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (38)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (980)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (685)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (62)
Survival (201)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (99)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.