Home Forums Miscellaneous Topics Second Amendment Altered serial numbers legal to own?

A number of years ago I lost a .22 revolver. (It was stolen.) Just over a year ago my father-in-law acquired it. The serial number had been covered with tape and my FIL is not totally into details such as that so never thought anything of it. I recognized the model and holster when he proudly showed it to me. Since the miscreant who sold it to him was one who might have stolen it from me, we decided to turn the issue over to the Troopers. They have done some investigation but, so far, nothing has resulted. My FIL has inquired about getting the revolver back, but has been told that they can't legally returned it since the serial number was disfigured.

Does anyone know what the law actually says about this?

If what they say is true, then it would seem wise not to do "the right thing" again in a case such as this.

Perhaps we could pursue this as a civil case - to at least get the replacement cost recovered? (The problem might be in proving my ownership of the gun without a clear number - although I think Magneflux or some other method may reveal it beneath the gouges. And would the Troopers allow that to be done?)

I appreciate any thoughts, ideas, or information.

My way of thinking, and it's just that, thinking.
If the serial number can't be readily read, then there'd be no easy way for LEO's to properly identify the weapon in the future. If it ever came up. So based on that alone, I'd think it would be hard to get the gun back from them.

As for identifying it now, it is possible. Magnaflux may show the numbers. I know they can read numbers on guns that have been completely ground off, if they desire too bad enough. The stamping process of the numbers stresses the metal much deeper than just on the surface. So yes, they can be read if the desire is there. But I imagine that's not a cheap or quick process.

I bet the costs involved to get the gun back will not be financially viable. You could probably buy yourself, and your FIL, a new gun for less than you'd spend fighting to get that one back.

Now if you could get a conviction of the SOB who stole it, that's a whole other story. You could sue for restitution, and make them buy you a new gun. Or at least they'd have to cough up it's value.

Again, just initial thinking on my part.

Jay

It's a Fed felony to posses a firearm with an altered serial number, comes with a 10 year stretch in a Fed detention facility. Altering the s/n carries the same penalty, would be nice if they could make it stick to the thief.

As JayTx pointed out, there are ways of recovering the s/n and making it readable, but I'm thinking the only time that is used is to prove guilt in serious crimes.

I'm thinking you are out of luck on this one. I would have done "the right thing" here, the risk-reward ratio is awful low if you had gotten caught with it.

If this happened in my jurisdiction, here is probably what has
been done:

1. The gun was recovered as evidence in a possession of a
defaced serial number firearm, a felony here. So we
would not give it back because mere possession is a
crime. And as evidence it will remain in state custody
until trial for the suspects who committed the crime are
tried. The criminal courts require this
to show that the evidence has not been "tainted or
altered" in any fashion. I have had to testify to this
chain of custody in our courts.

2. As for a civil trial, the criminal trial will have to
happen first because of the above. So you can't get
the gun serial number to be "revealed" by a metalurgist
to prove your ownership.

3. As head of a detective section, I have had
to decide what evidence to return to the last
owner because the statute of limitations for
prosecution has run out. I my area this was
crimes over TEN years old from the date of
discovery, and I made sure all returned
evidence was innocuous. I'm guessing the state
won't give it back after the limitations run
out.

I feel sorry for you loss and I think you did the right thing, I don't want to be looking at 10 year federal time for this.

K, get in touch with ATF tell them the story, they can authorize the weapon to be renumbered and you get it back, if the cops arent going to prosecute. danny