It's my understanding that a modern firearm (post 1968) without a serial # is against the law to possess.
I obviously don't know what a ghost gun is?
Do you have a link to this idea that is needs to be serialized? I can't find it anywhere.As I understand it there is no current case law answering this question. It is illegal to manufacturer with the intent to sell without being licensed. Anything sold, private sale or otherwise, does need to be serialized. "Intent" is a notoriously squishy term, how exactly are you going to prove that you never "intended" to sell the gun when you built it, but only changed your mind later? Got a quarter mil sitting around in the bank to pay a lawyer to take that one all the way to SCOTUS when you get hooked up for being an unlicensed manufacturer?
80% lowers are cheap. Strip the parts out and run it through the band saw a few times if you don't want it anymore.
On this subject: pre-GCA 1968 bolt gun, 24" barrel, internal magazine holds 4 rounds. Only markings are the caliber. The original owner still possesses the gun. Should the owner seek to have it serialized? [SARCASM FONT]After owning it for over 50 years it's obvious the plan was to sell this "ghost gun" all along and actually stick it to the man before the phrase came into vogue. This of course is why the rifle is chambered in a rather obscure caliber and not .30-06 or .243 or .308 Win or any other caliber for which you can buy a metric crap-ton of ammo, or at least most people have heard of.[SARCASM FONT]
Thanks!
The gun is legal, so I wouldn't know why. It's grandfathered in.
[FONT=&]
The message seems to be, if it isn’t there, it better not have ever been there. However, there appears to be a tricky period between the enactment of the NFA in 1934 and the GCA in 1968:[/FONT]
The full link are-firearms-without-serial-numbers-illegal
- Suppose there is a non-NFA firearm which was manufactured PRE October 22, 1968. The firearm has no serial number. However, the firearm never had a serial number. The lack of a serial number does not render the firearm illegal.
- Suppose there is a firearm which was manufactured POST October 22, 1968. If the firearm has no serial number, and never had a serial number, the lack of a serial number renders the firearm illegal. [Except a non-NFA home manufacture that you have no intent to sell, which we will explain later.]
- Suppose there is a firearm which was manufactured POST October 22, 1968. The firearm had a serial number, but it has been removed. Possession of this firearm is illegal.
- Suppose there is a firearm which was manufactured PRE October 22, 1968. The firearm did have a serial number, as the manufacturer had utilized serial numbers on its firearms voluntarily. However, the serial number was removed for aesthetic or other reasons AFTEROctober 22, 1968. Possession of the firearm is illegal.
- Suppose there is a non-NFA firearm which was manufactured PRE October 22, 1968. The firearm did have a serial number, as the manufacturer had utilized serial numbers on its firearms voluntarily. This serial number was removed BEFORE October 22, 1968. Under the GCA, possession of the firearm is illegal. However, this is the most difficult scenario we will discuss, and here’s why:
I can imagine a ffl that wants to buy it may need it serialized but I don't know that. If the original owner sells it, it's still legal to own. There is no need to make it a traceable transaction is there?
The gun is legal, so I wouldn't know why. It's grandfathered in.
[FONT="]
The message seems to be, if it isn’t there, it better not have ever been there. However, there appears to be a tricky period between the enactment of the NFA in 1934 and the GCA in 1968:[/FONT]
The full link are-firearms-without-serial-numbers-illegal
- Suppose there is a non-NFA firearm which was manufactured PRE October 22, 1968. The firearm has no serial number. However, the firearm never had a serial number. The lack of a serial number does not render the firearm illegal.
- Suppose there is a firearm which was manufactured POST October 22, 1968. If the firearm has no serial number, and never had a serial number, the lack of a serial number renders the firearm illegal. [Except a non-NFA home manufacture that you have no intent to sell, which we will explain later.]
- Suppose there is a firearm which was manufactured POST October 22, 1968. The firearm had a serial number, but it has been removed. Possession of this firearm is illegal.
- Suppose there is a firearm which was manufactured PRE October 22, 1968. The firearm did have a serial number, as the manufacturer had utilized serial numbers on its firearms voluntarily. However, the serial number was removed for aesthetic or other reasons AFTEROctober 22, 1968. Possession of the firearm is illegal.
- Suppose there is a non-NFA firearm which was manufactured PRE October 22, 1968. The firearm did have a serial number, as the manufacturer had utilized serial numbers on its firearms voluntarily. This serial number was removed BEFORE October 22, 1968. Under the GCA, possession of the firearm is illegal. However, this is the most difficult scenario we will discuss, and here’s why:
I can imagine a ffl that wants to buy it may need it serialized but I don't know that. If the original owner sells it, it's still legal to own. There is no need to make it a traceable transaction is there?
An FFL can buy, sell, or trade a pre 68 non serialized gun same as any other.