Gun built without serial number?

[1999Norfolk]

Good day. Figured this was the most appropriate thread to post to. I have a friend who's father made a Derringer from parts many years ago. It has no serial numbers, etc. Is it legal for him to have this gun in this state? I have a Class A and he is in the process of obtaining one. I do not want to hold it for him until he gets his license unless it is legal to posses this gun. Thanks for any guidance.

 

[drgrant]

I moved this post out of the compliance thread, because this question has nothing to do with "handgun compliance". Most handguns in MA are legal unless they are assault weapons, which anything that's a derringer won't qualify as, usually, because
there is no magazine involved. On its front derringers are "possession legal" in MA.... it's just that they cannot be transferred by a dealer unless they are papered exempt.

Now, that aside, this is a tricky question. I know Federal law, and probably MA law, makes it a crime to own a gun that has a defaced serial number, but it doesn't address what to do about guns that have no serial number. At one point in history many guns have no serial number, even some "modern" rifles and shotguns that were made a long time ago... and those are legal to own... so no reason why a pistol wouldn't fit this description.

Another thing to watch out for is if the gun is rifled or not. IIRC smoothbore pistols that take centerfire cartridges may be
considered NFA devices by federal law... but that's a whole other ball of wax. The only reason I mention it is some
homebuilt contraptions often use things like smoothbore barrels, etc. I'm guessing this device takes centerfire cartridges?

-Mike

 

[namedpipes]

Was it made from scratch, from a kit or from parts of other guns? How long ago was this built? Prior to 1968(?) a s/n was not mandatory.

I would think if it was made from parts of other guns it would be considered a modification of whatever a derringer frame is considered to be.

 

[Finalygotabeltfed]

No requirement to put a serial number on a personally built gun that remains in their possession, unless it is NFA.

If the gun is ever sold however, it must have the builder's name, city and state (or accepted abbreviations thereof) engraved in 1/16th inch characters or larger and at least .003 inches deep.

Reference here: http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=27:3.0.1.2.3.6.1.2&idno=27

 

[1999Norfolk]

Thanks for the responses. It is center-fire, and it has a smooth bore. There is no rifling in it at all. I am not 100% sure when it was made, and I am not sure my friend knows either. The gun looks just like a "real" derringer so I am making an assumption that it was made from a kit of some sort.

 

[vellnueve]

Sounds like it may be a NFA item.

 

[namedpipes]

This is one of those questions that the common sense answer is obvious but who knows...

This derringer may or may not be forbidden fruit.

If it is, despite the sentimental value the only option is to destroy it or be in violation of the law.

Can '99 simply destroy it himself to a degree it could no longer be considered a weapon or is that destruction ITSELF a violation? (IOW can he destroy it or MUST he turn it in to be destroyed).

 

[red87930]

Sounds like it may be a NFA item.

If it is a homebuilt could the barrel just be rifled to eliminate the smoothbore problem? I know the machining cost may be more than the value but if it is sentimental for some reason better than turning it in a glob of metal.

 

[namedpipes]

Somewhere I have an article on a rifling technique used before CNC. Literally something your could do in your basement.