Is It Legal to Own a Gun With Scratches on the Serial Number?
Understanding Gun Wear and Tear
As firearms are carried and used over the years, they are subject to wear and tear. Yes, scratches, dings, and other forms of damage are quite normal. However, the question arises: what if these scratches actually alter the serial number, making it illegible or nearly so?
Serial Numbers: An Important Identifier
Back in the days, gun manufacturers would frequently mold the serial number on any accessible surface, such as the gun’s frame or barrel. Over time, because the gun was resting on or nearby these surfaces, they could become worn or damaged. This raises serious concerns when considering the legal status of such firearms.
Legal Implications
The question here is whether such "scratches" are accidental or part of an attempt to tamper with the serial number. If the scratches are only over the serial number and the rest of the firearm appears undamaged, it may still be legal to own, but the situation becomes much more complex and potentially hazardous.
Online Registry Checks
If you're considering purchasing a gun with scratches on its serial number, it's crucial to conduct thorough due diligence. Use search engines to find online registries of stolen weapons. Check these registries and print out the results for your records. This step shows that you have thoroughly researched the firearm's history. If the firearm shows up as stolen, avoid the transaction at all costs.
Disclose your findings to the seller. If the firearm is indeed stolen, you should not be in possession of it. Many jurisdictions have strict laws regarding possession of stolen property, and attempting to purchase such an item could result in legal consequences.
Professional Verification
For firearms that come from existing manufacturers or are sought after by collectors, verifying the build date can be key. A search for the shotgun, for example, may reveal a build date and the original purchaser. This documentation could help establish the firearm's legitimacy.
Verification Steps
Keep thorough records of your efforts to verify the firearm's history. If you've purchased a firearm and suspect it may have been tampered with, consider having a gunsmith or returning it to the manufacturer to restamp the serial number for a nominal fee. The manufacturer might also be able to stamp a new serial number and file it with the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives).
Actionable Steps
1. Check Online Registries: Use reputable online sources to verify if the firearm is registered as stolen.
2. Conduct Thorough Research: Verify the build date and original purchaser if possible.
3. Maintain Records: Keep a detailed record of your research and any actions taken.
4. Legal Consultation: Consult with a lawyer to ensure that your actions are legal and justified.
5. Restamping: If the serial number is legible but damaged, have a professional restamp the number.
Conclusion
In summary, while gun ownership with scratches on the serial number may not be illegal, it places you in a precarious legal position. It's best to err on the side of caution and ensure that you can prove the firearm's legitimacy. If you're unsure or uncomfortable, consult a legal expert to ensure that you're in compliance with local laws.