Serial Number Move?

[KMM696]

If you could check my thinking here, I'd appreciate it. MA gun law is worse than reading DoD contracts....

From a MA point of view (since if I'm right, the Federal law won't matter):

Chapter 269: Section 11A. Definitions

“Serial number”, the number stamped or placed upon a firearm by the manufacturer in the original process of manufacture.

Chapter 269: Section 11C. Removal or mutilation of serial or identification numbers of firearms; receiving such firearm; destruction

Whoever, by himself or another, removes, defaces, alters, obliterates or mutilates in any manner the serial number or identification number of a firearm,...shall be punished...etc.

Based on these sections, it would be illegal for the owner of a rifle to move the serial number to another location to avoid obliteration by a proposed modification. Since the owner is not the manufacturer, and is not in the original process of manufacture, even though the same serial number was placed on the rifle elsewhere the modification would count as an illegal act under C 269 S 11c.

Have I got that right? (not that I want to be right.......)

 

[jdubois]

Yes, screwing with a firearm serial number without being a federally licensed importer or manufacturer is asking for trouble on both the state and federal level.

 

[KMM696]

I'm a little fuzzy on the meaning of "screwing with" in this case. Did you mean "Yes, your take on the MGLs is correct, so don't bother applying for a variance with the ATF Firearms Technical Branch because the state won't allow it anyway" or was it "I have serious concerns that you have no idea what you're getting into, so stop doing it immediately before we have to email you in prison."



Believe me, I have no intention of ending up in prison.

Thanks

 

[Len-2A Training]

I would query BATFE Tech Branch and ask for guidance. Whatever will fly with them should satisfy the idiotic MA requirements too.

Also understand that covering up a S/N with a grip (e.g. Hogue grip on S&W 64 must be removed to read the S/N on bottom of grip frame, CT laser grips cover M&P S/Ns, etc.) is not an "obliteration" of a S/N and is perfectly legal.

 

[jdubois]

"screwing with" means obliterating the original manufacturer created serial number and replacing it somewhere else. I would be surprised if the ATF would grant a variance to a non-licensee. But if they would, you would probably now be considered the manufacturer and so the state law wouldn't effect you any longer.

 

[Len-2A Training]

Fuzzy memory here on this . . . but I seem to recall many years ago (probably >15) reading where the BATFE actually would place the S/N for someone on the gun, thus making it a legal change (not done by owner or mfr).

No idea if I remember it correctly or if they would still do this, that's why I suggested asking Tech Branch for guidance.

 

[jdubois]

Interesting, Len. Well, Kevin, if you ask the ATF, let us know what they say.

 

[KMM696]

I wasn't able to find any specific guidance on the ATF site, so I'll have to get working on a letter to the ATF Tech Branch. I did find a reference to serial number moves in an NRA compilation of home gunsmithing articles from the American Rifleman, but nothing more than "contact the ATF". That article was on converting Winchester lever guns to takedowns, and had a setscrew through the serial number on the receiver.

That's an interesting point on what constitutes manufacturing - I'll have to dig back into the Fed rules again. I don't fit into any of the manufacturing categories the Tech Branch listed in their August 15th memo on it. It may be easier for me to make my own receiver than go through this, but I'm curious to see what the answer will be from the feds.

I'm sure it won't be quick, whatever it is.

 

[one-eyed Jack]

Don't screw with the S/N. Think of something else to work around it. Jack.