Proper action..

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Resto Guy

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This past summer a neighbor of my daughter told her about a handgun (don't know what type) that her mentally ill father had owned. The neighbor now has the handgun, and the #s have been ground off. She wants to do away with the gun, but doesn't know how.
What does one do in a situation like this? Destroy it, or turn it in to law enforcement? What would be the ramifications of turning it in?
 
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legally since the firearm has been defaced, ie serial numbers ground off, it is illegal to have. usually a 20 year or longer felony term in Hotel Federali' if your caught with it. however only option legally is turn it over to the local police department.
 
Turn it over to the PD

We use a trusted gunsmith/welder in our area to either melt them down, cut them, or weld them to the point that they are no longer useable and we are present during the entire process and get a 'sign off'.

I know there are the anti-gov. types out there that may say not to involve the Police if you don't have to, but it's the smartest, most 'legal' way to go about it.
 
I would strongly advise enlisting the help of a lawyer on this one. Technically, whoever is in posession of this pistol is in violation of the law, and should the local PD want to charge them with it, they most assuredly could.

But by working through an attorney, there's a better chance that the gun can be turned in to the proper authorities without implicating the current owner.
 
I'm not sure if it's a good suggestion at all, but I'll throw it out there.....dispose of it at one of those "no questions" buy-backs that seem to be happening at the larger cities?

Before doing this, consult an attorney to make sure there's nothing wrong with that though.
 
First, make sure that it is the #'s that were ground off. Could be something else that was ground off or maybe the #'s are worn that much.

Second, If in fact the #'s are missing DON'T take it to the police. CALL and have them come get it. By trying to do the right thing by taking it down to the LEO and you get stopped, YOU ARE SCREWED.
 
Resto Guy:

You didn't mention where you (or the neighbor who has the gun) live, and that could make a difference. As it stands, possession of a firearm with defaced serial number(s) is a federal crime, and additionally so in most states. On the other hand it's unlikely that any legal action would be taken against the neighbor if they turned it in to a law enforcement department; given the circumstances under which she received it. The person they might have arrested for removing the serial number(s) - if that's what they actually did - is no longer available.
 
You PROBABLY won't get in trouble for turning it in to the police, but good deeds are frequently punished in today's America.

An alternative solution would be to put the gun (suitably wiped down) in some public place where it won't be quickly found by those who shouldn't have it, then call the police anonymously from a pay phone and report it. You no longer have the gun, and the cops don't have your identity.
 
Be careful. I have known of cases where people have turned found drugs into the cops, and been arrested for possession.

I would either contact an attorney to arrange it (which could cost money) or destroy it by cutting the frame of the firearm into pieces (at which point it is no longer a firearm)
 
You PROBABLY won't get in trouble for turning it in to the police, but good deeds are frequently punished in today's America.

An alternative solution would be to put the gun (suitably wiped down) in some public place where it won't be quickly found by those who shouldn't have it, then call the police anonymously from a pay phone and report it. You no longer have the gun, and the cops don't have your identity.

Except, someone saw you, got your license plate, and now you're in jail for possessing the illegal gun, child endangerment because some kids were nearby, contributing to delinquency, littering, tampering, obstruction, looting, arson, and quite possibly cattle rustling...

Point is, if that goes bad, it will go bad.

Personally, I'd probably write the local police and have them pick it up. Keep a copy of the letter. Actually, have someone else keep a copy of the letter.

Paranoid? Sure, but the stakes are pretty damn high if someone were to decide to bring charges.
 
Or, if you want to go the "drop it in public" route, do it like this:

Wrap the gun up and take it with you while you make the rounds of a few supermarkets and liquor stores for empty boxes. At one of them, take the gun out, wipe it down really well, and call the cops. Then stay with the gun until the police get there. When they ask what happened, repeat to them what you told the dispatcher - you were going around snagging some free boxes so you could pack up a bunch of junk you need to put in storage, and in the course of your scrounging, came across the pistol.

It's a little lie, but at least it doesn't involve leaving a functioning gun somewhere in public where anyone could discover it and run off with the thing.
 
If there is no way to re-stamp the frame or assign a new S/N to it, toss it in a deep body of water.
Really I think all things considered, this is the option that will likely cause the least hassle. Nobody is going get there hands on it while its still useable, you wont get in trouble, and it will make a nice artifact for the next species who lives here to find and wonder about. Just make sure to unload it first (if loaded) and save the ammo. That stuff is getting expensive these days you know ; )
 
Take off all the usable parts then discard the frame. Slide, barrel, grips, magazines, etc. can all be used and should never be wasted. People talking about destroying a firearm and just throwing all that good stuff away really make me mad.
 
Do NOT trust that you won't be charged with a crime if you turn something in voluntarily. It does happen. You're an easy conviction, and some DAs want convictions at all costs. This is real, folks.

Take off all the usable parts then discard the frame.

It's not that hard to destroy the frame yourself, either. I'd do that. Just saw it in half ASAP. In five minutes, you could be legal. As of now, you're committing a Federal felony just by having it around.

For God's sake don't transport it!

I'm not advocating that you keep it. I just think that you're best off getting rid of it yourself, not just trusting that you'll be treated fairly.

I'm sure franconialocal would treat you decently. But the world isn't made up of a bunch of Franconia, New Hampshires. That's unfortunate, but it's a fact.
 
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Do NOT trust that you won't be charged with a crime if you turn something in voluntarily. It does happen. You're an easy conviction, and some DAs want convictions at all costs. This is real, folks.

I would follow this thought to the letter.

But I know I've heard/read mention of re-stamping/reissuing a S/N to the frame of a firearm, but I can't say if it is possible or not. My guess is that if you don't know the original number, you can't do this. I'd certainly look into it, if it were me.
 
I don't know what gun it is, but if it's a collectible it's already defaced. It's just not worth having around IMO.

Maybe I'm paranoid, but it's one of those things where you have a piece of old metal worth somewhere between $5 and $100 that could land you in prison until you're very old. Why keep it around for another minute?

And why trust your life to someone else if you can solve the problem yourself with a saw?
 
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I'd still strip the frame, that way if it ever did see the light of day again at least it wouldn't be complete, also think about wrapping it in a plastic bag full of salt if steel after being cut in two, then chucking in a deep body of water.
 
Wrap the gun up and take it with you while you make the rounds of a few supermarkets and liquor stores for empty boxes. At one of them, take the gun out, wipe it down really well, and call the cops.

The problem in doing this is it can easily backfire on you. The PD comes and they review the surveillance tapes in the store and they clearly show you putting the gun in a box or something like that.

If you don't trust going to the police, strip the parts, toss the frame in the deepest water around, buy a new frame and build yourself a legal 45.
 
Chop saw, hacksaw or acetelyne torch. Keep the usable parts as has been said and cut the rest in half. Dispose of in the trash. The only legal problem I could see then would be if the gun was used in a crime.
 
My take.

I would imagine if a firearm is a 'dewat' (cut into many pieces) and can not possibly be reconstructed to useable condition, you can throw it in the trash and not worry about being proecuted.

I would keep all the 'parts' and just cut the frame up into several pieces. It is highly unlikely that any law enforcement entity would even think about charging an individual for having a bunch of metal which in no way shape or form could constitute a working firearm. Just my .02 worth. I am not an attorney. Just my opinion. CUT IT UP. Torches- chop saw- Sawzall- what have you...
 
On giving it a new seriel number, you could try asking an attorney in your state who deals with firearms laws about that. I do know that if you build your own firearms, (Assuming you can legally do so/are licensed or whatever your state requires to do so) Putting a seriel number on it is I believe just identifying marks unique to that firearm.

But overall, I like the torching idea best. Keep the usable legal parts, and scrap up the rest.
 
Strip off all parts from the receiver and then dispose of the receiver by cutting it up and throwing it away. That is the gun nut in me speaking.

Now, here is something to think about. If the thing was used in the commision of a crime turning it over to the police might, I say again, might help them clear a case. You never know. Could give someone closure they might otherwise not get.
 
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