My grandfather left me an old shotgun that does not appear to have any serial number, is this legal to own, and can I resell it?
Thank you James Woodall.
Published for Readers Information and Content Only
Not a Legal Opinion
Answer :
Yes this firearm is legal to own, shoot, and resell as long as it meets the minimum barrel length and overall length as defined by the ATF.
If a firearm has been modified or is a fully automatic weapon you can still legally own the weapon but you need to acquire a Federal Tax Stamp from the ATF, the current cost is $200.00 per firearm.
More ....
Generally when these older weapons are sold through a license gun dealer (FFL) or an auction house they fill out the required ATF form for transfer and where it indicates a Serial Number (S/N) they write ...
NVSN (No Visible Serial Number).
Prior to the Gun Control Act of 1968, the U.S. Government Bureau of Alcohol, Tobacco, and Firearms (ATF) did not require manufacturers to have serial numbers on a firearm of any type. Many manufacturers had a serial number dating back to the 1800s but there was no regulation requiring such markings.
However after the Gun Control Act of 1968, known as the GCA, ALL new firearms manufactured for sale in the United States had to have a serial number.
There are some exceptions about serial numbers:
Prototypes by Licensed Gun Manufacturers are generally exempt
Weapons made by non FFL manufacturers are exempt
Modified Weapons (however, these require a Federal Tax Stamp from the ATF)
Weapons made for the Military or Intelligence Agencies are exempt
Important Note: Removal of a Serial Number is a Federal Crime.
Related Gun Ownership Information ....
1) It is prohibited to own, make, or sell Undetectable Firearms (any firearm with less than
3.7 ounces of metal content , or 3D made plastic).
2) Personal Ownership of a Fully Automatic or a Modified Firearm to be Fully Automatic is
prohibited unless the individual has acquired a Federal Tax Stamp from the ATF.
3) The interstate private sale of a firearm with or without a serial number is prohibited, this
sale must go through a licensed FFL (be shipped by an FFL located in your state to a
Licensed FFL in the state in which the buyer resides).
4) Local State, County, and City Laws may exist in your area for the sale, trade, or
purchase of firearms. Check with a local FFL in your area, or the local police with
jurisdiction, or a lawyer with knowledge of firearm laws.
Other Related Topic Posts at The Firearms Forum Site:
1) Gun Ownership, Legal Stuff, and the ATF -
http://askafirearmsquestion.blogspot.com/2014/12/firearm-forum-question-gun-ownership.html
2) Firearms Types -
http://askafirearmsquestion.blogspot.com/2015/02/firearm-forum-question-firearm-types.html
3) Explaining Firearm Categories or Status -
http://askafirearmsquestion.blogspot.com/2015/02/firearm-forum-question-explaining.html
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