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Here's an interesting legal issue, and I'm curious for opinions. I'll be the first to agree the liklihood of a prosecution is slim, but worth considering. This arose from a circumstance where an officer I know came across a Glock with the three serial numbers defaced. Which got me thinking...
As most of you know, Glock gratuitiously serial numbers their barrels and slides, in addition to the key ATF-mandated serial number on the regulated frame. While Glock slides aren't replaced all that often, barrels are frequently replaced often to add ported barrels or to use barrels with traditional rifling as opposed to the stock Glock polygonal barrels.
So say you change out your Glock barrel. Obviously, federal law would not be violated as the S/N on the regulated part, the frame, is still intact. However, the Massachusetts' state statute regulating the defacement of serial number is as follows:
Definitions--remember MGL 140, §121 defines a firearm, rifle, or shotgun as having the ability to fire a round...
So the question becomes, if you replace your original, serial numbered Glock barrel with a non-serial numbered Wolff barrel, have you just committed a MA misdemeanor by removing a serial number? What about replacing parts on serial numbered European guns wheree every part has a number?
Note the phrase "THE serial number". Any difference?
This might be tin foil hat stuff, but it seems to me the potential for .gov abuse is there.
Thoughts?
As most of you know, Glock gratuitiously serial numbers their barrels and slides, in addition to the key ATF-mandated serial number on the regulated frame. While Glock slides aren't replaced all that often, barrels are frequently replaced often to add ported barrels or to use barrels with traditional rifling as opposed to the stock Glock polygonal barrels.
So say you change out your Glock barrel. Obviously, federal law would not be violated as the S/N on the regulated part, the frame, is still intact. However, the Massachusetts' state statute regulating the defacement of serial number is as follows:
Whoever, by himself or another, removes, defaces, alters, obliterates or mutilates in any manner the serial number or identification number of a firearm, or in any way participates therein, and whoever receives a firearm with knowledge that its serial number or identification number has been removed, defaced, altered, obliterated or mutilated in any manner, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not less than one month nor more than two and one half years. Possession or control of a firearm the serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner shall be prima facie evidence that the person having such possession or control is guilty of a violation of this section; but such prima facie evidence may be rebutted by evidence that such person had no knowledge whatever that such number had been removed, defaced, altered, obliterated or mutilated, or by evidence that he had no guilty knowledge thereof. Upon a conviction of a violation of this section said firearm or other article shall be forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall cause said firearm or other article to be destroyed.
General Laws: CHAPTER 269, Section 11C
Definitions--remember MGL 140, §121 defines a firearm, rifle, or shotgun as having the ability to fire a round...
“Firearm”, a firearm as defined in section one hundred and twenty-one of chapter one hundred and forty, or a rifle or shotgun.
“Serial number”, the number stamped or placed upon a firearm by the manufacturer in the original process of manufacture.
General Laws: CHAPTER 269, Section 11A
So the question becomes, if you replace your original, serial numbered Glock barrel with a non-serial numbered Wolff barrel, have you just committed a MA misdemeanor by removing a serial number? What about replacing parts on serial numbered European guns wheree every part has a number?
Note the phrase "THE serial number". Any difference?
This might be tin foil hat stuff, but it seems to me the potential for .gov abuse is there.
Thoughts?
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