scary question: pistol with no numbers

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sevenpoint62mm

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What do you do with a pistol past down to you through family without numbers. The numbers have been grinded off but I know for a fact its not been used in a crime. I think because it was a service weapon. Should I just surrender it over to the BATF?
 
It has definitely been involved in a crime--since grinding the numbers off is a crime even if nothing else is involved.

I'd wait for one of those gun buyback programs and turn it in for cash. In the mean time, keep it where it won't be seen. This is definitely a gun you won't want to take to the range or carry for self-defense.
 
As I recall, there was no law about firearms having serial numbers until the Gun Control Act of 1968.

If the gun is older than that, as far as I know, you can simply say that the numbers were removed prior to that, and there's no way to prove it wasn't.

In short, if the numbers were removed BEFORE the '68 law, it wasn't a crime.

In this case, the gun is legal, although law enforcement might question it.

I'd suggest calling the BATF and telling them you have an old family heirloom that the numbers were ground off of many years ago.

At worst, the BATF will ask that the gun have a BATF serial number stamped on it.

All you have to do, is be SURE the gun wasn't made after 1968.
 
And, if it was made after 1968, don't lie about it. There are methods for recovering an obliterated serial number, and it would suck if that made the born on date sometime later. Plus, it might be pretty easy to figure out just by things like model type, depending on the particulars.
 
It would help if you could identify the make and model. While serial numbers weren't required before 1968, removing one from a gun is usually a no-no regardless of it's age unless it's an antique. However sometimes (and only sometimes) the ATF@E will allow a new number to be stamped on the gun - but this depends on the circumstances, and which side of the bed they got out of.
 
I think it was a crime to remove a serial number since the 1930's, IF THE GUN HAD a serial number. Some guns just weren't required to have one until 1968.

Anyone know for sure?

Lone Star
 
Coronach is right about recovering the number. If you could you could then restamp the number.
 
It is illegal to remove a serial number period and the gun will be confiscated if cops find out about it. Numbers were not required before 1968 but it is unlawful to remove a number no matter when the gun was made. Sorrry but you are stuck with an illegal gun. I think your only hope is to contact BATF local office (from pay phone and use phoney name) and explain that someone in family history ground off number and ask if attempt can be made to recover it. They may say no and just demand that you surrender the gun. If they say to turn it in I would throw it in the nearest river as I have heard of people being arrested for trying to surrender illegal guns by over zealous cops. I would rather do this than be caught with it and face possible prosecution. Unfortunate situation and why did someone grind off the serial?
 
Do not throw it in the nearest river, someone might find it and use it in a crime or a kid might hurt himself. If you are going to destroy it get you a cutting saw or the like and cut it into little pieces, problem solved.
 
A "service weapon"?
Like a USGI 1911 that somebody brought home from the Army and feared the FBI would track him down so he ground off the serial number and US Property stamps?

I doubt the BATmen will renumber it. I would take it completely apart, destroy the incriminating receiver, keep the rest. Real US military parts are worth a good deal. If a 1911, you could have them reassembled on a new Caspian receiver and have a pretty good recreation of the ancestral sidearm.
 
I think Jim is on the right track here. Since the ATF recognizes the receiver as the firearm, if they say it must be destroyed, disassemble it and take the receiver only to them. They may squeal a little, but legally they can't do anything.


Mino
 
The ATF is the last thing I'd want to arouse, and as someone else pointed out, I'd cut the thing into small pieces and take it to the land fill! End of story.
 
Altering or removing the numbers is a crime.

Possessing one with altered or removed numbers is a crime.

Let your conscience be your guide.

Suggestions of further illegal actions on this board is a no no.

Keep it cool folks.

Sam
 
A friend of mine worked in a pawn shop - gun store.
A S&W K38 came in with filed serial numbers. My friend played dumb, made a loan on the gun, and called the law. They had a very interesting conversation and a lot of "followup" with the customer.

It was looking like the gun would be judicially stolen and scrapped, but my friend knew places that S&W used to put serial numbers that the crook and even the cops did not. He found an uncut number, had it run through the system, and the original owner was located and was eventually able to get his gun back.
 
Well now, C.R. - It great to see you back. Sure hope you can stick around and that's all's well with you.
 
A friend of mine came, in all honesty, into possession of a Victory Model that had had the serial numbers filed off.

He called the ATF in Nashville and explained the tale.

They said "We'll get back to you."

He responded "What should I do with the gun in the meantime?"

"Put it in a safe place."

"Will the back of my safe do?"

"That'll be fine."

A month or so later, the ATF called him back.

"Write this number down; it's the new serial number for the gun. Take it to a gunsmith or an engraver and have it stamped or engraved on the frame. Have a nice day."


Sometimes they don't bite, folks, if you call and ask for help. ;)
 
I have run across a few wartime weapons so "unmarked". Acid can usually pull up the original serial. There are many places that numbers are stamped and some parts are serial numbered. Even removing the grips may show the proper serial number in pencil on the grips. It would be a crime to keep a "sanitized" weapon, period. Look for numbers FIRST. Call BATFE and explain. If they advise surrender, do so ONLY through a lawyer.
 
Sorry C.R.Sam, wasn't trying to be illegal, trying to be a good citizen and do the rigth thing. I just know if I walking the BATF with a unloaded pistol in a locked box, taped up, even with the whole story pre-printed out on the box I would some how end up being painted as a terrorist or framed for some crime. Soem times its hard being a good guy :(

I guess I'll have to call the batf. The pistol btw is a officers german p-38
 
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Shotguns and .22 rimfire rifles made prior to 1968 are sometimes found without serial numbers. It was legal for them to be made without serial numbers, prior to the 1968 Gun Control Act.
However, I don't believe it's been legal to make a pistol or rifle without serial numbers for a very long time in this country. It may even predate the 1934 Firearms Act. I'd have to read the blamed thing to find out, and I'm too old and grumpy to do that ... :mad:
But yes, if it EVER possessed a serial number and that serial number was ground off --- it's already been involved in a crime.
If it was taken from the federal government, there's yet another crime.
I certainly wouldn't want to get caught with it, especially as a concealed weapon or on federal land (Bureau of Land Management, Forest Service, etc.), because you've just compounded your problems.
I would get rid of it. Not worth the tremendous legal hassle and bills you'd incur by being caught with it. Or call the local ATF office from a pay phone on the other side of town (to confound tracing), tell the agent the problem, and ask if you can have it restamped with an approved serial number.
If you can't, ask how you can turn it over to the ATF for disposal without being painted as a terrorist.
Use a code name. Tell them your name is "Marshall." :evil:
 
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