Altering, removing, obliterating the manufacturers applied ser# on a firearm became a Felony under Fed Law in 1938.
That was with the signing of the Federal Firearms Act 1938 (FDR).
The same language was turned over into the GCA68 when that law went into effect.
GCA68 took the place of the FFA38 and FFA38 was nullified (correct term).
As far as the gun being transported in Interstate Commerce ,,or not making it subject to any of these laws,,IIRC there have been rulings that came to the conclusion that the raw materials used to make the guns would be included in the make-up of the firearms.
So if the steel, wood, whatever else came from an OOS source,,,the gun was already considered as having gone through Interstate Commerce.
No I don't know where I read it but it's probably out there to be found.
They're not going to leave a huge loop hole like that open.
As far as the gun w/o a ser# that has been 'ground off'..everyone knows what it is.
An attempt to hide the ID of the gun. Stolen? maybe. Some people just don't like gov'mnt numbers on things. So they take them off and feel like no one can find them. Like living in a plywwod shack in the woods.
That's OK,,but there is a law that says taking the number off the frame of a firearm is not legal,plain and simple.
Each state has a similarly worded law that may also contain language that prohibits removing other factory applied markings like the Model, caliber, Makers name, ect.
Placing your own ser# on a firearm that you did not yourself mfg'r is unlawful.
Re-stamping the manufacturers applied ser# on a firearm is
'altering a manufacturers applied ser'.
Because of the fact that the orig marking is now over stamped with non- orig font, depth, size, ect characters,,the orig mfg ser# has been defaced.
They may allow that one to pass,,they may not. Want to poke the bear.?
I was hit up at a ATF compliance check yrs back when the Agent checking the guns in inventory was handed one was working on,,an engraved shotgun frame.
The ser# on the frame I had inlayed in gold as per the customers request...and certainly not an uncommon thing to do.
He immediately said that I had obliterated and altered the ser#!
I said that was the ser#. and back and forth it went.
He shook his head and finally told me that he was going to take the frame (confiscate it),,do further checking and get back to me.
I did get him to finally agree to leave the frame with me with the agreement that I would do no further work on it and would not send it back to the customer while he did his research.
About 2 or 3 weeks later he called and said it was Ok for the Original mfg'rs ser# to be so inlayed as has been commonly done by engravers,,but made a strong point of noting that in no way should the mfg'rs ser# be changed.
...OK,,Thank You...
You never know who and what they are thinking.
You can place a ser# of your choosing on a firearm that you yourself did make. None actually needed though as you cannot resell the gun (legally). A ser# may be needed if State/Local laws demand it for registration purposes though.
If you are going to make and sell even a small number of firearms,,then you need in the least a 07FFL (manufactures). Along with the ser#, your name or business name, address, model, and caliber must appear on the gun. Don't forget to pay FET if you make over 50 per yr.
Yes there are ways to 'retrieve' a ground, filed, punched out marking.
Sometimes they are successful,,other times not.
But why the process needs to be done in the first place is the question when it comes to a firearm.
OP says the owner is deceased and the Executor of the Estate needs the Ser# retrieval help.
An Executor of an Estate who finds themselves with a firearm with a ground -off ser# should simply contact local LE or the BATF and turn it in.
Simple as that.
There's no playing detective and taking a chance at handing over a stolen or defaced firearm to another person,,all on paperwork besides.
What are they thinking...
