eh I feel awful right now. Note to self...dont store a gun under your seat


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hartmen
March 23, 2011, 09:37 PM
ive got a bad habit of storing my pistols under my seats. well if you havent noticed my other thread yet ive got one gun which is simple blemish. the big problem ive got is i have another gun inwhich i thought would be okay under the seat since its smaller. my guess was wrong. my poor 357 got jacked up earlier today. the worse part the seat track rubbed right over the dag gone serial number. it seriously looks like someone tried to scratch it out. i know better but that is going to be hard to explain to ANYBODY. well it gets worse. i bought this gun a few years ago from a gentleman and have no paper work with serial numbers or anything that says i own it. what should i do? i do not want to forfit a gun a legally own but then again if something was to happen i dont want to get caught with a gun that appears to been tampered with.

the rubbed area is a good inch inch and half long. i feel like an idot.


i repeat....dont store guns under car seat even if its a camping gun.

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420Stainless
March 23, 2011, 09:44 PM
If you know the whereabouts of the gentleman who sold it to you, contact him and have him make out a receipt for the sale now. Not sure it really matters that much as long as the gun hasn't been reported stolen or you don't engage in any behavior that would cause the police to investigate your gun.

hartmen
March 23, 2011, 09:50 PM
i can get a reciept from the guy because i still talk to him. but the reciept would be just hear say wouldnt? he wouldnt know the serial number on the gun. i havent took the gun apart though...if there is a number like under the grips would this help? would it matter that one is scratched out and the other isnt? just trying to cover my a$$. i hope my fellow THR's understand my rant

kingpin008
March 23, 2011, 10:02 PM
Is the serial totally obliterated? If not, have him write you out a receipt and be done with it.

Or, contact whoever made the pistol and be straight with them. Ask if you can send it back on your dime and have them restore or replace it. Serials do get damaged, and sometimes it's as simple as contacting the manufacturer and shipping it back for some work.

*EDIT* Also, keep in mind that if a cop were to want to give you grief over it, it's up to HIM to prove that it was illegally altered, not the other way 'round. If you're not involved in any crime, there's really not much to worry about.

hartmen
March 23, 2011, 10:04 PM
ok i will try that.

hartmen
March 23, 2011, 10:15 PM
YES... i just took the grips off and there is another number there. i feel better now.i will still try and get the manufatorer to fix it maybe

btg3
March 23, 2011, 10:16 PM
Federal law states:
"It shall be unlawful for any person...
(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..."

To (g), the question might be: "Who is the person...?" It may be argued that no person was involved. It happened while the gun was stored.

To (h), let's point to Sec. 5842. Identification of firearms

(a) Identification of firearms other than destructive devices.:Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.

(b) Firearms without serial number.:Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.

(c) Identification of destructive device.:Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.



...and I would argue that "THE" serial number is not the one that was affected, but that "THE" serial number is in another location...uhm, there IS another serial number on that gun, right?

To (i)... well, pretty much the same as for (h).

WORST CASE: This is a valuable gun with the "THE" serial number FUBARed. Supposedly forensics can still determine such serial number will technological/metalurgical magic. If the number was retrieved and a legal affadavit sent with the gun to the manufacturer... might the serial number be restored? Just asking as I do not know. And I don't know if my arguments would hold up or not, so of course. the risk is yours.

NavyLCDR
March 23, 2011, 10:22 PM
If the serial number is completely obliterated, it would be a Federal crime to ship it out of state:

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.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.

Notice, there is no need to prove intent in removing the serial number... the fact that it has been obliterated is enough to be guilty.

verge
March 23, 2011, 10:41 PM
Can we get a pic of the damage?

Toforo
March 23, 2011, 11:08 PM
The handling and safe-keeping of a gun's paperwork and/or recorded data (serial number list, pics, photos, source - etc) is EQUALLY as important as the handling of the firearm itself.

If that gun had been stolen - how would you expect to recover it from the police if they found it and you were without records (source data, serial# - pics) ?

If that gun had been stolen and NOT recovered by law enforcement, how would you make an insurance claim without the same data?

A damaged gun - yup, not a good thing, but there's a lesson here for you (and an INEXPENSIVE lesson at that since you STILL have the gun)

I keep receipts, descriptions, photos, and videos (CD's) in three seperate places and NONE of those places include the safe where any of the guns are kept.
One set in a small hidden fire-resistant/water-resistant safe in the house
One set in my Dad's family safe
One set in my safety deposit box

DoubleTapDrew
March 23, 2011, 11:19 PM
I suggest a holster zip tied under the seat to prevent this in the future. A $15.99 nylon holster is cheaper than fixing a scratched up gun.

Old Fuff
March 23, 2011, 11:29 PM
You didn't mention the name of the manufacturer or model. Knowing that might help. Some manufacturers stamp the serial number in more then one place, and where they stamp the number(s) sometimes has changed over the years.

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