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Definition of "defaced"

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For hypothetical purposes...

 

As far as I can tell, Federal law on "defaced" firearms refers to the serial number being intentionally removed. What I'm curious about are other numbers/markings on a gun, such as model number, manufacturer name, etc. If those things are removed, would that constitute defacement? NJ law on defaced guns does not seem to offer a definition as to what exactly defacement is, so I figure they are referring to Federal law.

 

Thoughts?

I think defaced means defaced.

 

If the firearm appears as if someone has attempted to deliberately obscure the markings such as make, model or serial, that constitutes defacement.

 

If something gets worn off due to normal use or environment, I don't think that would be considered defacement. At some point, if the markings are not longer legible, the firearm may be considered defaced and law enforcement might require that it be re-marked or destroyed. It's unlikely that any firearm would ever "naturally" end up in that condition and still be operable. It could rust significantly or something I suppose.

  • Author

Yea that makes sense, though everything I could find regarding Federal law specifically speaks to the serial number.

Well, the firearm is the receiver as specified by the ATF. So in a 1911 you could, for example, have a machinist take off the big hideous roll mark on the slide.

 

The serial is enough for the ATF to do a trace, but there is a minimum amount of required manufacturer info, so I suspect that is covered.

Could a machinist remove a serial number say from a slide but relocate it somewhere else? Maybe smaller and in a better spot

  • Author
Well, the firearm is the receiver as specified by the ATF. So in a 1911 you could, for example, have a machinist take off the big hideous roll mark on the slide.

 

The serial is enough for the ATF to do a trace, but there is a minimum amount of required manufacturer info, so I suspect that is covered.

 

So it seems if it's on the receiver, and isn't just decorative, it would have to stay.

IIRC the Federal law only addresses the removal of the serial number. The original law was passed before WWII and mimiced in the GCA68 which also required guns to have serial numbers. Some state laws refer to "any identifying mark" which would include things like manufacturer or model. Laws also may say "removing" and/or "possession of a firearm with an altered serial number".

 

Federal law requires the serial number on the frame. However the slide and barrel also have the serial number. If I were doing something like a full engraving on a Glock slide I would write ATF Tech Branch and get their take on this and save the letter. If ATF said it was okay to remove the serial number on the slide you still may be in violation of some state laws.

 

Relocating a serial number is not unheard of and is often done because of customizing. An example of this could be a sporterized Mauser or 03 Springfield where the serial number might be defaced or obscured from a scope mount. This can be dealt with by going to ATF who will issue a serial number. The ones I've seen all have the new number start with "ATF".

 

I have seen GI 1911s that had part of the serial number damaged during an arsenal rebuild. All they did there was restamp the number (which appeared obvious). I've seen this on guns that have been in the Army's inventory since they were made. This didn't bother the Army any but certainly some of these guns are out in civilian hands. Maybe one of the FFLs could chime in and explain how this is dealt with if encountered.

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