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Originally Posted by RangerJoe
...I understand it is a felony to destroy a serial number on a firearm. Is there any legal way to transfer these?...
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Here's your dilemma. Under 18 USC 922(k):
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(k) It shall be unlawful for any person knowingly to 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 to 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.
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Courts have said, for example:
- U.S. v. Horey, 36 F.3d 1106 (C.A.10 (Okl.), 1993):
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...We turn to defendant's argument that his conviction for violating 18 U.S.C. 922(k) was also based on insufficient evidence. Defendant argues the government failed to sufficiently show that the revolver's serial number was removed, obliterated, or altered. He asserts the statute does not reach serial numbers that are still readable.
Police officers testified that the serial number was obliterated. In addition, an expert in firearms and tool mark examination testified the revolver's serial number was partially obscured or obliterated. The examiner also noted that it was possible one or two additional serial numbers were completely obliterated. Based on the clear language of 922(k), we reject defendant's argument that the statute does not reach the firearm recovered by the police in this case. The evidence is sufficient to sustain the conviction, and we AFFIRM the jury's verdict....
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- See also U.S. v. Adams, 305 F.3d 30 (Fed. 1st Cir., 2002)(emphasis added):
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...As for the evidence, that was clearly sufficient once it is understood that any alteration that works against legibility is enough; ...The pistol was presented to the jury. The case agent testified at trial that he could read the six digits of the serial number but with difficulty. At oral argument, Adams's counsel asked that this court examine the original pistol, and we now report the results.
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Of course, judgment as to the degree of impairment was for the jury. But a reasonable jury could easily conclude that this pistol had been altered so as to make it appreciably more difficult to read the serial number. Indeed, a reasonable jury could hardly reach any other conclusion...
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I have no idea whether it makes a difference that the obliteration of the serial number was done at the factory. I'm a lawyer, but I'm not your lawyer; and I won't be taking that question on.
What you really need is a good lawyer to advise you. One thing a lawyer could do is formally request a written, advisory opinion from ATF. A lawyer can do that without disclosing your identity. So if you get bad news, your lawyer could most likely work out a way for you to surrender the guns without yourself winding up in jail.