[ojibweindian]

If one were in possession of an old Colt .45 with a scraped off serial number, what would be the potential federal penalties if caught with it?

[Hkmp5sd]

§ 5861. Prohibited acts
It shall be unlawful for any person -
(a) to engage in business as a manufacturer or importer of, or dealer in, firearms
without having paid the special (occupational) tax required by section 5801 for his
business or having registered as required by section 5802; or
(b) to receive or possess a firearm transferred to him in violation of the
provisions of this chapter; or
(c) to receive or possess a firearm made in violation of the provisions of this
chapter; or
(d) to receive or possess a firearm which is not registered to him in the National
Firearms Registration and Transfer Record; or
(e) to transfer a firearm in violation of the provisions of this chapter; or
(f) to make a firearm in violation of the provisions of this chapter; or
(g) to obliterate, remove, change, or alter the serial number or other
identification of a firearm required by this chapter; or
(h) to receive or possess a firearm having the serial number or other
identification required by this chapter obliterated, removed, changed, or altered; or
(i) to receive or possess a firearm which is not identified by a serial number as
required by this chapter; or
(j) to transport, deliver, or receive any firearm in interstate commerce which has
not been registered as required by this chapter; or
(k) to receive or possess a firearm which has been imported or brought into the
United States in violation of section 5844; or
(l) to make, or cause the making of, a false entry on any application, return, or
record required by this chapter, knowing such entry to be false.

SUBCHAPTER D PENALTIES AND FORFEITURES SEC.
5871. Penalties.
5872. Forfeitures.
§ 5871. Penalties
Any person who violates or fails to comply with any provision of this chapter
shall, upon conviction, be fined not more than $10,000, or be imprisoned not more
than ten years, or both.

[ojibweindian]

Thought it was something like that. Not to worry, I haven't violated any law, but was trying to find the answer to a question asked of me by a family member.

Thanks!

[4v50 Gary]

If that were done, you can get the #s restored. Xray will show the #s up and then have them restamped to make it legal.

BTW, very recently a friend's guns were stolen. He left them in a backpack that was visible in the passenger front seat. Dumb, dumb, dumb! :banghead: Never leave anything visible in the car and leave the glove box open so everyone can see nothing is in there. Classic smash & grab. :fire: He got a call from a local PD that they recovered his knapsacks with personal items including both guns, sans serial #s and that the culprit is a felon with a lengthy history of crime. I hope the D.A. also presses charges for removal of those serial #s. Right now the guns are being held as evidence and my buddy will testify against the scum. :cool: My buddy is worried about getting the guns back but I told him take it to a smith and have them restamped. I don't forsee any problems since the police report on the recovery (and his original report on their theft) will cover him.

[New_comer]

I've heard some gun-owners re-introduce an illegal gun by punching over the old serial with a number that corresponds to an existing legal gun, mostly steel framed 1911's and BHP's.

That way they could have as many guns/frames with similar serial number, making possible the renewal of only one licence to represent all the guns. It's one way to be able to use a 'hot' gun, legally. :(

[F4GIB]

Regarding Hkmp5sd's post. That statute says "required by this chapter." Federal law did not require serial numbers until fairly late (1930's perhaps). If the gun is old enough, there may be no violation. If so, I believe you can apply to ATF for permission to put one on the gun. Unfortunately this is really specialized knowledge and finding someone outside the government with it may be difficult.

Regarding New_comer's post that "It's one way to be able to use a 'hot' gun, legally."
NOT TRUE. Do this in the USA and go directly to jail.

[Blackhawk]

If the gun antedates § 5861, it doesn't apply unless it can be ascertained that the SN was obliterated afterwards.

Interesting situation....