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win 94 receiver

robert smith
can a winchester receiver for a model 94 be sold without a serial number? have one with the number worn away.
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8 comments

Date Votes
  • captkirk3@dslextreme.com
    Ask BERT....He's the one with all the answers for Wimchester...
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  • David Nunn
    The number can be raised and re-stamped, and probably should be.
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  • Bert H.
    quote:Originally posted by robert smith
    can a winchester receiver for a model 94 be sold without a serial number? have one with the number worn away.


    Short answer is NO, it can not.
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  • Txs
    Not to panic you, but a heads up on what your state laws say about this...

    Texas Penal Code

    Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (a) A person commits an offense if the person:

    (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or

    (2) possesses, sells, or offers for sale tangible personal property and:

    (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or

    (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.

    (b) It is an affirmative defense to prosecution under this section that the person was:

    (1) the owner or acting with the effective consent of the owner of the property involved;

    (2) a peace officer acting in the actual discharge of official duties; or

    (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:

    (A) in the actual discharge of official duties as an employee or agent of the department; or

    (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department.

    (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.

    (d) An offense under this section is a Class A misdemeanor.
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  • robert smith
    the numbers on these old actions were not removed deliberately. when the rifle is carried horseback the serial number was worn off by contact with the leather of the saddle. have seen a few that had the forearm wood worn through right in front of the serial number.
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  • Bert H.
    quote:Originally posted by robert smith
    the numbers on these old actions were not removed deliberately. when the rifle is carried horseback the serial number was worn off by contact with the leather of the saddle. have seen a few that had the forearm wood worn through right in front of the serial number.


    Whether it was "unintentional" or not, you most likely could not prove it in a court of law how it happened, but they will have no problem proving you have possession of it. Additionally, your theory about the saddle leather wearing away the steel is very very weak, and in the scenario you mention, it is extremely unlikely that all of the serial number digits would ever become completely obliterated. You have two options... have the serial number chemically raised and restamped, or destroy the receiver.
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  • MIKE WISKEY
    "You have two options... have the serial number chemically raised and restamped, or destroy the receiver."...........actualy 3, you can request the atf issue you a 'new' ser. #. But be prepared to surender the reciver IF they decline.
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  • Txs
    quote:Originally posted by robert smith
    the numbers on these old actions were not removed deliberately.The word 'OR' between 31.11(1) and 31.11(2) of the statute I posted is significant. It means this statute can be violated in two different ways.

    The the second portion addresses mere possession or sale of items with 'removed, altered or obliterated' identification marking. It doesn't require that it was intentionally removed in order to constitute a violation, only that the person in possession or offering it for sale is aware the marking is no longer present.

    I'd go with the suggested raising/restoring of the number. It's not a difficult process, but will require some refinishing due to the acid etching required in this area of the receiver.
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