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as it has Winchester proof marks on it, it was made after 1905-1906 and indeed is a 38-40. there are many thousands of firearms with out serial number as they were not required before 1968 and can be bought sold legaly. the problem is this rifle has had the serial number removed and the atf may or may not give a damn. I once saw a Winchester 1886 that had the lower tang replaced and it had no serial number on it. you would think the atf would have better things to do than go around checking for serial numbers on old hunting guns, but never say never. eastbank.
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