United States v. Price, 635 F.Supp.3d 455

July 16, 2019 traffic stop of Randy Price’s vehicle uncovered a pistol with an obliterated serial number.
Price had prior felony convictions (involuntary manslaughter and aggravated robbery) in Ohio.
Price was indicted on Count One (18 U.S.C. § 922(g)(1): felon-in-possession) and Count Two (18 U.S.C. § 922(k): possession of a firearm with an altered/obliterated serial number).
After Bruen, Price moved to dismiss both counts, arguing the statutes are facially unconstitutional under the Second Amendment.
The court applied Bruen’s historical-tradition framework and relevant precedent to each statute.
Ruling: § 922(k) held unconstitutional and Count Two dismissed; § 922(g)(1) upheld and dismissal denied as to Count One.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of 18 U.S.C. § 922(k) (possession of firearms with removed/obliterated serial numbers)	Price: § 922(k) implicates conduct protected by the Second Amendment and there was no analogous regulation at founding, so statute is facially invalid under Bruen.	Government: Requirement for serial numbers is part of a historical tradition of commercial/registration regulations and serves law-enforcement interests; therefore it is consistent with history.	Court: § 922(k) implicates the plain text right; government failed to show a founding-era analogue or tradition—§ 922(k) is unconstitutional.
Constitutionality of 18 U.S.C. § 922(g)(1) (felon-in-possession ban)	Price: Felons’ possession falls under the Second Amendment’s plain text; statute invalid post-Bruen.	Government: Historical tradition and Supreme Court dicta in Heller/McDonald/Bruen preserve prohibitions on felons possessing firearms; statute fits longstanding tradition of disarming dangerous persons.	Court: § 922(g)(1) is consistent with the Nation’s longstanding tradition disarming felons; statute is constitutional and dismissal denied.

New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022) (establishes historical-tradition test for Second Amendment challenges)
District of Columbia v. Heller, 554 U.S. 570 (2008) (recognizes individual right to possess arms for self-defense; notes longstanding prohibitions such as felon disarmament)
McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporates Heller to the states; reiterates that Heller left longstanding prohibitions intact)
United States v. Salerno, 481 U.S. 739 (1987) (standard for facial challenges to statutes)
United States v. Engle, 676 F.3d 405 (4th Cir. 2012) (Rule 12 dismissal appropriate where statute is unconstitutional)
United States v. Carter, 669 F.3d 411 (4th Cir. 2012) (historical evidence supports restriction on weapons for dangerous persons)