serial number

Question
i have owned a shotgun for over twenty years that i aquired in a trade. the shotgun serial number was filed,but did not realize it was a crime to possess it.would like to keep for home defense only,but do not want to be in jeprody if ever had to use it.what should i do?

Answer
Hello Robert.

Firearms manufactured after the Gun Control Act (GCA) of 1968 were required to have unique serial numbers applied by the manufacturer. Firearms made prior to the GCA were not required to have serial numbers and many did not, including "kit" guns which people made themselves at home from parts purchased separately or in kit form.

So to determine the true nature of your problem you first need to identify the manufacturer and model number of your gun which may allow you to identify the year or a range of years when it was manufactured. Here are some links which might help:

Find out who made it and what the model history is:
https://store.bluebookinc.com/InstantAccess/Manufacturer.aspx?product=5

Find out how old it is if you can find all or part of the serial number, or at least a model number:
https://store.bluebookinc.com/Info/PDF/Firearm/Serialize.pdf

If it was made prior to the GCA then you should be able to keep it and use it without further concern. If it was made after the GCA then it will need to have a proper serial number on it.

Don't just assume your serial number was filed or removed. The gun might have been repaired by a kitchen table gunsmith or have some bad marks on it but it may still have a serial number. Some guns have the serial number stamped in multiple locations. Try cleaning and disassembling it being careful to check up close with a bright light and magnifying glass. Some older markings or numbers can be worn off over time or covered up by rust, dirt, powder filings, grease, oil, etc. Check under the stock, forearm, pump mechanism, magazine tube,  on the receiver, trigger guard, under the butt plate, on the bolt, and anywhere else you can physically inspect. If all else fails you could take it to a local gunsmith and ask them to restore the serial number using an acid process which is commonly used by forensic scientists. This might be costly and some gunsmiths might not be able or willing to do it but if the gun is valuable to you financially or sentimentally then it might be worth a try.

If you do find a serial number then you can ask any police officer to run a check on it and determine if it was ever stolen or used in a crime. If not then you should be in the clear and allowed to keep it legally. If the trace reveals a theft or crime tied to the gun, however, then you will most likely face a lot of serious questions regarding the circumstances: who did you get it from, where, when, why, how, etc. Even if they can't tie you to the bad history they could still charge you with a felony for possessing the gun and they would most certainly confiscate it. They would also be likely to search your entire home and check all of your other firearms just to be sure that you weren't involved in something bigger.

If you can't confirm that it was made prior to the GCA or you can't identify the serial number to get a clear trace done, or if you have reason to suspect that it was involved in a theft or crime then the best thing to do is to turn it in to the local police and be honest with them about how you acquired it. Some people might opt to keep it at home, wrapped up in the gun safe and hidden from view, but then you would be risking a serious problem in the future if you ever had to use the gun in self defense or if it was stolen from you and used in a further crime. Most older shotguns aren't worth more than $100-$150 anyway, especially the kind which are typically sawed off or filed down by criminals, so I can't see any benefit in taking such a huge risk. A felony conviction is a very serious thing which can have major consequences on your life: voting, gun ownership, employment, travel, etc. so play it safe.

If you do turn it in and they are not able to tie it to any crime then you can ask the ATF about possibly having a new serial number and registration created for it, although I am not sure this is possible or likely and it would probably be a lot more expensive than it is worth.

Hope this helps.

Bob