Buying/Selling/owning gun with illegible serial number

[bushmaster1313]

There is an old gun up for sale on an online auction where the seller says that he or she cannot read the serial number.

I am not interested in the gun, but I am interested in whether it would be legal to sell, transfer to an FFL, receive as an FFL or receive as a transferee from an FFL, such a gun.

I did read that the BATFE helped with the sale of Bonnie Parker's snubbie by issuing it a new serial number.

Personally, I would not get near any part of the transaction.

Also, what happens if a serialized gun in your possession gets rusty and the serial number can no longer be read?

 

[Midwest]

I read that there are ways to bring the serial number to be read, some say acid is one way. Trace with a paper and pencil might work.

For some guns that never had a serial number before the 1968 GCA, usually some put in NSN (No Serial Number) in the description/paperwork on the 4473.

If the gun is rusty and the serial number can't be read, it may not be worth selling anyway as it could be too worn out. Or the other option is to trade in for a gift certificate for one of those gun buy backs and use it to buy a new one.

 

[dogtown tom]

The Gun Control Act of 1968 mandated serial numbers on all firearms.
Prior to 1968 many cheap shotguns and .22 were made without a serial number ever being stamped.

It is not illegal to own or buy a firearm without a serial number AS LONG AS it was manufactured prior to 1968 and never had a serial number.

If the serial number has purposefully been defaced, obliterated or removed....its a felony to possess.

 

[bushmaster1313]

If the serial number has purposefully been defaced, obliterated or removed....its a felony to possess.

What I suspected.

What to do with a gun so rusty that the serial number cannot be read?

(N.B. I do not plan on letting any gun of mine get rusty)

 

[Midwest]

What I suspected.

What to do with a gun so rusty that the serial number cannot be read?

(N.B. I do not plan on letting any gun of mine get rusty)

If the serial is just worn not willfully obliterated

Hold on to the the gun.

Trade or sell it in a private sale.

Trade it in one of those gun buybacks for $100 and use that to buy a new one.

Will it to the next of kin.

 

[Frank Ettin]

...If the serial is just worn not willfully obliterated

Hold on to the the gun....

That might not be the best idea. Personally, I would not possess a gun with an illegible serial number.

First, the law, 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....

Next, what some courts have said:

• 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....

  
  
• 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...

Violation of 18 USC 922(k) may be punished by up to five years in federal prison and/or a fine (plus conviction will result in a lifetime loss of gun rights).

Sounds like way too much to risk for way too little gain.

I do believe that the ATF may, under some circumstances, authorize a gun to be "re-serialized." But I don't know any details. If someone is really interested, he can explore the subject with ATF.