Is it illegal to remove a firearms serial number? U may have to remove the plate off of the buttstock to find it. If you're uncertain of where to find it on your specific gun, you're better. In 1968, the Gun Control Act (GCA) imposed numerous additional requirements in the arena of gun manufacture. As per the GCA, all firearms manufactured or imported into the United States are required to bear a serial number. Jun 1, 2014 - Without serial numbers nobody can trace a gun to the owner. The seller tells him that the number is filed off, and he'll want that if he intends. The only reason to remove a serial number from a gun is to render it untraceable.

Kumpulan Serial Number Idm
How To Remove Serial Number Off Gun Barrel

This Florida statute contains two crimes: (1) the crime of altering or removing a serial number that is located on a firearm and (2) selling or delivering a firearm that has its serial number altered or removed. The reason behind a person removing a serial number on a gun is to prevent police from tracing the gun to previous locations or people. There is no real purpose other than to keep the possessor untraceable.

What the State Prosecutor Has to Prove to Convict You of Altering or Removing a Firearm Serial Number

For the prosecutor to convict you, he must prove beyond a reasonable doubt:

(1) You knowingly altered or removed the serial number placed on the gun by the importer or manufacturer; and

(2) You altered or removed the serial numbers with intent to prevent the gun from being traced.

Guns are registered. If a gun is stolen by the defendant, then having the gun on him during a crime with a serial number linking him back to the owner he stole from ties him to two different crimes.

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What the State Prosecutor Has to Prove to Convict You of the Possession of a Firearm with an Altered or Removed Serial Number

The state prosecutor must prove beyond a reasonable doubt:

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(1) You sold, bought, or possessed a firearm;

(2) The serial number that the manufacturer or importer put on the gun was altered or removed; and

(3) You knew the serial number had been altered or removed.

There are some potential defenses to this crime. The defendant has to know that the serial number has been removed. There was one Florida case where the defendant was in possession of a firearm with the serial number removed, but the plate which had the serial number on it was missing. Therefore, the state prosecutor could not prove that the defendant knew the serial number was removed since there was no evidence that the plate had been removed.

Possession of the Gun

There are two types of possession: (1) actual possession and (2) constructive possession.

Actual possession means the gun was (1) in the hand of the person, (2) in a container in the hand of the person, (3) or within ready reach and under the control of the person. Examples would be where the gun was under the seat of the car the person was currently driving, in the pocket of the person, or tucked in behind the belt of the person.

Constructive possession means the gun was in a place where the defendant had control or in a place that is concealed.

If a person has exclusive control over the gun, then the prosecutor can easily prove that the person had knowledge of the gun; however, if the gun is not in the defendant’s exclusive possession, the prosecutor will have a harder time proving the defendant had knowledge of the gun.

Two or more people can possess the gun at the same time.

Punishment

Removing or altering the serial number is a third-degree felony which is punishable up to 5 years in prison with a $5,000 fine. The mere possession of a gun with an altered or missing serial number is a first-degree misdemeanor punishable up to 365 days in jail and a $1,000 fine.

Contact The Law Office of Roger P. Foley, P.A.

If you or your loved one has been arrested and charged with this crime, contact one of our lawyers today at The Law Office of Roger P. Foley, P.A. and we will get to work on the case. Our West Palm Beach Firearm Attorneys can explain your options as well as the legal defenses that are available. Call today to set up an appointment.

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Defaced Serial Number Question

I was in a gun shop today and I overheard a conversation between the employees and a guy who just inherited his dad's rifle and wanted to have it checked out/cleaned. After inspection, the store owner found that the serial number had been chromed over. The store owner said that not only could they not handle the gun but merely being in possession of that gun is a felony. The only advice that the shop owner could give the guy was to 'break down the rifle into as many pieces as possible and drop them into as many dumpsters as possible'.

Kumpulan Serial Number Idm

I understand that a rifle w/o a serial number is big problem but is it really as bad as that or was the shop owner just blowing smoke? I understand that nothing is truly easy with the ATF but couldn't this be straightened out relatively quickly with them (assigned a new serial number, etc) ?

How To Remove Serial Number Off Gun Barrel

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