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Defaced Serial Number

bk0331
I was in a local gun shop yesterday and saw an M1917 on the rack. I checked the tag, and on the line for serial # is stated "none". I thought that unusual, so I checked the piece, and could just barely make out that the receiver ring had been ground down. I could be wrong, but as far as I know if a firearm has a serial number, even if manufactured prior to the GCA of 1968 when not all firearms required serial numbers, it is still illegal to deface or remove the serial number on a firearm. Comments?

BTW, I have no intention of buying this piece,, especially at the price offered.
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Comments

5 comments

Date Votes
  • Spider7115
    You are correct and the dealer is risking his FFL license and heavy fines for selling it.
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  • mark christian
    It is illegal to deface, alter, obscure or remove the serial number from a firearm.
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  • Don McManus
    quote:Originally posted by mark christian
    It is illegal to deface, alter, obscure or remove the serial number from a firearm.
    Mark:

    I have read (probably on this forum) that a firearm that has been defaced such as the M1917 noted in the OP can be re-serialed, and thus can be saved. Do you know if this is correct?
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  • nmyers
    Under rare circumstances, the fellas with the bulges in the cheap suits have permitted guns with the serial number removed to be renumbered. This is done on a case-by-case basis.

    Mark left out one prohibited act: POSSESSION. So, if you request a review & exception for a gun you possess, that could be considered prima facie evidence that a felony has been committed by you.

    Obviously, this is a case where you want to walk away.

    Neal
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  • beantownshootah
    This topic does come up from time to time.

    First of all, its against the law to deface the serial number of a gun. It makes NO DIFFERENCE when the serial number was inscribed on the gun. . .defacing the number is the crime.

    Now, if it so happens that you defaced the serial number of your gun PRIOR to the Gun Control act of 1968, it *might* have been legal to do that depending on the laws in the jurisdiction you were in when you did it. Laws cannot be applied retroactively (or at least they should not be, legally speaking). Obviously, if you aren't the one who defaced the serial number, this law doesn't apply to you anyway.

    Second, and more important, its against FEDERAL law to knowingly POSSESS a gun with a defaced serial number if said gun has EVER been transported across State borders (see below). Unless you are living in the same State in which the gun was manufactured, that almost certainly applies to this particular gun.

    Third, in many States (and maybe all of them) its against STATE law to POSSESS a gun with a defaced serial number. That's regardless of whether or not the gun was imported from another jurisdiction, and regardless of when the number was obliterated.

    Go given #2 and #3 its a safe bet to assume that its illegal under both Federal and State law to possess this gun.

    As to re-serializing it, in SOME cases, it may be possible to restore a defaced serial number, and if so such a gun WOULD be legal to possess. If you can document the original serial number somehow, that would facilitate this process, though it may not be absolutely necessary. Sometimes forensic techniques can be used to recover a serial number that appears to be obliterated.

    Also, its *possible* (though admittedly unlikely) that this particular gun has a second serial number inscribed on the gun somewhere other than where you looked. . .in which case it might be legal.

    Lastly, in some cases it MIGHT be possible to assign a NEW serial number to an older gun that has had the number obliterated or destroyed. But that is up to the BATFE to decide. . .not you. The gun store OWNER would have to send the gun (or at least just the receiver) to the BATFE for review, etc, with the expectation that they will probably destroy it. .but MIGHT be able to help.

    Bottom line, you don't want to touch this gun until/unless its properly serialized. The chance of that happening isn't entirely zero, though its not your problem; its up to the current owner to get it done.


    quote:http://law.onecle.com/uscode/18/922.html

    (k) It shall be unlawful for any person knowingly to transport,
    ship, or receive, in interstate or foreign commerce, any firearm
    which has had the importer's or manufacturer's serial number
    removed, obliterated, or altered or to possess or receive any
    firearm which has had the importer's or manufacturer's serial
    number removed, obliterated, or altered and has, at any time, been
    shipped or transported in interstate or foreign commerce.
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