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Old 02-08-2014, 09:15 PM   #11
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My personal choice is to always avoid such things. My freedom to own firearms is very important to me. Committing a Federal Fire arms violation would suspend or void my rights.
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Old 02-08-2014, 09:20 PM   #12
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Thanks c3
I will contact the family tomorrow, all the firearms are still at his house. I'm surprised the police didn't look for more when they found him and he had shot himself.


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Old 02-08-2014, 09:23 PM   #13
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Consider the gun he used history, aside from that the rest really aren't their concern.

better judged by twelve than carried by six.
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Old 02-09-2014, 01:58 AM   #14
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I'll concede that if the serial number is not discernible at all, then it falls into the obliterated category.

If it is 'registered' to you, and you have paper work and serial number, you may want to disclose that at the time of forfeiture.

Serial numbers are recovered regularly, and I would guess that they would process it and recover the serial number anyway.

Dang shame to have your item destroyed by someone else, then leaving you on the hook.
Perhaps those better informed on the subject than me could offer their opinions on what you should do.

The serial number isn't gone for ever, and it was in your name. tough spot to be in.
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Old 02-09-2014, 03:00 AM   #15
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Without giving legal advice,all I can say is let the Sheriff or law enforcement retrieve it from your friends family and go from there.
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Old 02-09-2014, 03:13 AM   #16
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And please don't get advice from an LEO. If you really want CORRECT legal advice, hire an attorney.

If the firearms don't have any real value, let the family turn them over to the local police dept for disposition.
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Old 02-09-2014, 05:20 PM   #17
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I would question why the serial number was scratched off, and what was done with the gun while in his possession.

I would let law enforcement "come get it", then they will decide if you have legal ownership of it.


Personally, I wouldn't touch it with a ten foot pole.
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Old 02-09-2014, 06:33 PM   #18
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The biggest problem the OP has, is that it IS 'registered' to him. Too late even for the 10 foot pole.

I'll clarify any opinions that are perceived recommendations to another party, but the law was never intended to stop a legal owner from possessing his gun.

The following is hypothetical and is meant to make you think
If a shotgun were stolen and the barrel sawed off, why not have a gunsmith fit a new barrel.

The OP most likely has paperwork with a serial number and description. He is not in possession of the gun physically, but is the owner because of the paper trail. Are we to support a law that would make him a criminal?

If a state limited magazines to 10 or 7 rounds, would you not support a recall of politicians and a end to the law. I understand, and agree, with not doing anything illegal, but protests must be launched and laws must be turned around.

There was a push in Washington State..... now silencers are legal when following the federal law.
we also have a push to 'legalize' SBR's. ... wouldn't happen if everyone rolled over.

I hate to see everyone roll so easy.. I don't think a Tec 9 is worth it, but challenging the law is worth it.

A person in this situation would need assistance from the NRA ILA or other deep pockets.
but would you feel differently if it was your gun and if it were $4000 ?

Would you feel that the law is justified or righteous. Would you roll over?

Ok, off my soapbox. . . . .bad gun.... bad gun....
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Old 02-09-2014, 08:52 PM   #19
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Just to clarify what I said-

Have a good friend that lost a collectable pistol to a burglary. When recovered, the punk that had it had ground the serial number off. Well, so much for collector's value!

However, my friend DID want to keep the pistol. He applied to the BATFE for a replacement SN, backed up by the police report. They issued him a NEW serial number. Ground up portion of pistol was buffed, new SN stamped by a smith in a NEW location, gun reblued.

Yes, a ground off SN can be recovered- but that is not the legal process to deal with this. The process is usually used for a collectable gun that the SN is going-going-gone due to wear or refinishing. And I would question whether it is worth jumping thru the hoops for a relatively low dollar gun.

But yes, there IS a process where an innocent owner can have a serial restored. But it is NOT a D-I-Y project.

Bottom line- do not ever possess a gun from which the SN has been removed, obliterated or altered. VERY bad ju-ju. This is the Federal law covering this:

478.34 Removed, obliterated, or altered serial number.
No person shall knowingly transport, ship, or receive in interstate or foreign commerce any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered, or possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.


Here is an example of a gun that had SN obliterated, and replaced by the ATF-

http://www.foxnews.com/us/2012/09/24/revolver-found-on-bonnie-parker-made-federally-compliant-will-be-auctioned/
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Old 02-09-2014, 09:23 PM   #20
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I agree with C3. Not worth any possible trouble for a Tec 9.

Please keep us informed as to what happens.

A few years ago a friend of mine had an old revolver that had been destroyed somehow (might have been over-charged ammo or something) and he forged the barrel into a garden spade, retaining the serial number intact on the frame to keep it legal. It actually won several prizes as blacksmith art. Had he removed the serial number in making it he would have committed a felony.
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