Obliterating firearm serial number

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George Dickel

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On a non-gun forum I participate, in a thread on about criminals and their guns, one poster stated that criminals ground off the serial numbers on their guns. His statement about serial numbers being ground off made me wonder, why do that? In years past a theme in movies and TV shows was that the gun had it's serial number ground off. Before the GCA there was no record of who got what gun when purchased. I would guess that the manufacturers had a record of what retail outlet got the gun but with no 4473 there would be no way to identify who bought it. Is this just more Hollywood nonsense? Is this a common practice now?
 
If the serial number is listed as stolen, it's an addition charge of poss. of stolen property. But obliterating a serial number is probably a more serious crime, so ....

Taking off the surface numbers still leaves an impression in the metal from which serial numbers can often be brought out, anyway.
 
I'm a scientist by training. I seriously doubt that any sort of grinding would obliterate a serial number except for visual inspection. I would think that the original serial number could be recovered by metallurgical inspection (X-rays, chemicals, ultra-sound, etc).

Possibly heating the metal to a sufficient degree (essentially melting or partially melting it) after grinding MIGHT obliterate it but this would undoubtedly render the material useless (or at least, very dangerous to use).
 
Seems like a way to lock up stupid criminals.
Get caught with a gun that has the SN ground off or defaced, go to jail.
 
At a guess, with a steel firearm, a good welder could use an electric welder to weld over the SN without significantly altering the heat treatment below the surface, polish the surface and then punch in a new SN, and finally refinish. Not a task for the faint of heart.

Much better to know the provenance of your firearm and not have to worry about it.
 
I can think of no good reason to do it today. And a lot of bad reasons. Now back in the day before SN's were even required it may have been a good idea for a dishonest person to do so.
 
I would think that the original serial number could be recovered by metallurgical inspection (X-rays, chemicals, ultra-sound, etc).
Would it make a difference if the serial number was applied by laser engraving rather than the traditional roll stamping? It seems that laser engraving would disturb the base metal much less and could be removed by grinding to a relatively shallow depth.
 
I don't think we're going to have a how to thread discussing the effective removal or alteration of firearm serial numbers.

Altering or removing firearm serial numbers is a serious federal crime. Don't do it.

By the way, the same is true even if the firearm in question was made before the GCA was passed. Even if the law didn't require a firearm to have a serial number at the time of its manufacture, it is still illegal to alter/remove the serial number if one is present.
 
Just so everyone clearly understands, it is a serious violation of federal law for anyone to possess a gun on which the manufacturer's serial number has been altered or defaced.

  • Guns could legally be manufactured prior to 1968 without a serial number.

  • In the case of any gun on which the manufacturer put a serial number, whenever it was made (pre- or post- 1968) possession is illegal if that serial number was obliterated or defaced.

  • See 18 USC 922(k), emphasis added:
    (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.

  • As federal courts have held, affirming convictions for violations of 18 USC 922(k):

    • U.S. v. Horey, 36 F.3d 1106 (C.A.10 (Okl.), 1993):
      ...We turn to defendant's argument that his conviction for violating 18 U.S.C. 922(k) was also based on insufficient evidence. Defendant argues the government failed to sufficiently show that the revolver's serial number was removed, obliterated, or altered. He asserts the statute does not reach serial numbers that are still readable.

      Police officers testified that the serial number was obliterated. In addition, an expert in firearms and tool mark examination testified the revolver's serial number was partially obscured or obliterated. The examiner also noted that it was possible one or two additional serial numbers were completely obliterated. Based on the clear language of 922(k), we reject defendant's argument that the statute does not reach the firearm recovered by the police in this case. The evidence is sufficient to sustain the conviction, and we AFFIRM the jury's verdict....

    • See also U.S. v. Adams, 305 F.3d 30 (Fed. 1st Cir., 2002)(emphasis added):
      ...As for the evidence, that was clearly sufficient once it is understood that any alteration that works against legibility is enough; ...The pistol was presented to the jury. The case agent testified at trial that he could read the six digits of the serial number but with difficulty. At oral argument, Adams's counsel asked that this court examine the original pistol, and we now report the results.
      ...
      Of course, judgment as to the degree of impairment was for the jury. But a reasonable jury could easily conclude that this pistol had been altered so as to make it appreciably more difficult to read the serial number. Indeed, a reasonable jury could hardly reach any other conclusion...

  • Under 18 USC 924, the penalty for possession of a gun on which the manufacturer's serial number has been removed, obliterated or altered is up to five years in federal prison and/or a fine. Also, since that is a felony, a conviction would mean a lifetime loss of gun rights.
 
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