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Thread: Painting/Duracoating SN'd Devices (LONG)

  1. #1
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    Painting/Duracoating SN'd Devices (LONG)

    Just a heads up for you that down know, most states have statutes regarding the remove, covering or obscuring of serial numbers. This is especially important in states where there are various feature bans, etc. If your weapon catches the eye of someone, you want to make sure that everything is legit, including visible serial numbers. The reason I bring this up is that there are a LOT of stolen gun parts, especially optics floating around out there.

    Here's a list that I found when researching the issue, I know Colorado's version is correct. You might want to take the time to look up your state's laws regarding the issue.

    http://answers.google.com/answers/th...id/769537.html

    (non copyrighted statute part)

    --- Arizona ---

    13-2306. Possession of altered property; classification

    A. A person who is a dealer in property and recklessly possesses
    property the permanent identifying features of which, including serial
    numbers or labels, have been removed or in any fashion altered is
    guilty of a class 6 felony.




    --- California ---

    537e. (a) Any person who knowingly buys, sells, receives, disposes
    of, conceals, or has in his or her possession any personal property
    from which the manufacturer's serial number, identification number,
    electronic serial number, or any other distinguishing number or
    identification mark has been removed, defaced, covered, altered, or
    destroyed, is guilty of a public offense




    --- Colorado ---

    18-5-305. Identification number - altering - possession.

    (1) A person commits the crime of altering identification number if,
    with intent that identification of an article be hindered or
    prevented, he obscures an identification number or in the course of
    business he sells, offers for sale, leases, or otherwise disposes of
    an article knowing that an identification number thereon is obscured.

    (2) "Identification number" means a serial or motor number placed by
    the manufacturer upon an article as a permanent individual identifying
    mark.

    (3) "Obscure" means to destroy, remove, alter, conceal, or deface so
    as to render illegible by ordinary means of inspection.

    (4) Possession of an article on which an identification number is
    obscured is prima facie evidence that the person possessing it
    obscured the number with intent to hinder or prevent identification of
    the article, and that he knows that the identification number is
    obscured, unless, prior to his arrest or the issuance of a warrant for
    a search of the premises where the article is kept, whichever is
    earlier, he reports possession of the article to the police or other
    appropriate law enforcement agency.




    --- Connecticut ---

    Sec. 53-132a. Altering manufacturer's serial number.

    (a) For the purposes of this section, a manufacturer's serial number
    means that number or other mark which identifies any product, other
    than a motor vehicle, and distinguishes it from other products of like
    model and kind produced by the same manufacturer and may be punched,
    impressed or affixed by plate. No person shall remove, deface, alter
    or obliterate any manufacturer's serial number on any manufactured
    product with intent to prevent the tracing or identification of such
    product or shall knowingly sell, offer for sale, or purchase any such
    product whose manufacturer's serial number has been removed, defaced,
    altered or obliterated with intent to prevent the tracing or
    identification of such product.




    --- Delaware ---

    § 852. Receiving stolen property; presumption of knowledge.

    Knowledge that property has been acquired under circumstances
    amounting to theft may be presumed in the case of a person who
    acquires it for a consideration which the person knows is
    substantially below its reasonable value, or that a person possesses
    property whose affixed identification or serial number is altered,
    removed, defaced or falsified.




    --- Florida ---

    817.235 Personal property; removing or altering identification marks.--

    (1) Except as otherwise provided by law, any person who, with intent
    to prevent identification by the true owner, removes, erases, defaces,
    or otherwise alters any serial number or other mark of identification
    placed on any item of personal property by the manufacturer or owner
    thereof is guilty of a misdemeanor of the first degree, punishable as
    provided in s. 775.082 or s. 775.083.

    (2) Any person who possesses any item of personal property with the
    knowledge that the serial number or other mark of identification
    placed thereon by the manufacturer or owner thereof has been removed,
    erased, defaced, or otherwise altered with intent to prevent
    identification by the true owner is guilty of a misdemeanor of the
    first degree, punishable as provided in s. 775.082 or s. 775.083.




    --- Hawaii ---

    §708-838 Removal of identification marks.

    A person commits the offense of removal of identification marks if

    (1) The person defaces, erases, or otherwise alters any serial number
    or identification mark placed or inscribed by the manufacturer, or

    (2) The person knowingly, to conceal the true ownership of the
    property of another, defaces, erases, or otherwise alters any serial
    number or identification mark placed or inscribed

    on any bicycle, movable or immovable construction tool or equipment,
    appliance, merchandise, or other article for the purpose of
    identifying the bicycle, movable or immovable tool or equipment,
    appliance, merchandise or other article or its component parts, with a
    value of more than $50. A person removes identification marks if the
    person attempts to or succeeds in erasing, defacing, altering, or
    removing a serial number or identification mark or part thereof, on
    the property of another.


    §708-839 Unlawful possession.

    It shall be unlawful for any person to possess any bicycle, movable
    construction tool or equipment, appliance, merchandise, or other
    article, or any part thereof

    (1) Where the serial number or identification mark placed on the same
    by the manufacturer for the purpose of identification, or

    (2) Knowing the serial number or identification mark placed on the
    same for the purpose of identification,

    has been erased, altered, changed or removed for the purpose of
    changing the identity of the foregoing items.




    --- Indiana ---

    IC 35-43-4-2.3
    Dealing in altered property

    (b) A dealer who recklessly, knowingly, or intentionally buys or
    sells personal property in which the identification number or
    manufacturer's serial number has been removed, altered, obliterated,
    or defaced commits dealing in altered property, a Class A misdemeanor.




    --- Iowa ---

    714.8 Fraudulent practices defined.

    A person who does any of the following acts is guilty of a fraudulent practice:
    (...)
    5. Removes, alters or defaces any serial or other identification
    number , or any owners' identification mark, from any property not the
    person's own.




    --- Kentucky ---

    514.120 Obscuring identity of machine or other property.

    (1) A person is guilty of obscuring the identity of a machine or other
    property when he:
    (a) Removes, defaces, covers, alters, destroys, or otherwise obscures the
    manufacturer's serial number or any other distinguishing identification number
    or mark, including property marked with a Social Security number or motor
    vehicle operator's license number for identification purposes, upon any
    automobile or other propelled vehicle, machine, or electrical or mechanical
    device, or other property (including any part thereof) with intent to render it or
    other property unidentifiable; or
    (b) Possesses any automobile or other propelled vehicle, machine, or electrical or
    mechanical device, or other property (including any part thereof) knowing that
    the serial number or other identification number or mark, including property
    marked with a Social Security number for identification purposes, has been
    removed, defaced, covered, altered, destroyed, or otherwise obscured.




    --- Louisiana ---

    RS32:726
    §726. Destruction or alteration of distinguishing number or mark

    A. No person shall with fraudulent intent deface, destroy or alter
    the manufacturer's serial or engine number or other distinguishing
    number or identification mark of a motor vehicle nor shall any person
    place or stamp any serial, engine, or other number or mark upon a
    motor vehicle, except one assigned thereto by the commissioner. Any
    violation of this provision is a misdemeanor.


    RS14:203
    §203. Electrical appliances, sale without original factory serial
    number prohibited; penalty

    No person shall offer to sell or cause to be sold or distributed
    either retail or wholesale, new household appliances, such as radios,
    television sets, refrigerators, washing machines, ironers, dryers, gas
    or electric ranges, air conditioners, without the appliance having the
    original factory serial number indicated thereon provided it is the
    custom of the manufacturer to place serial numbers on the appliances.




    --- Maine ---

    §705. Criminal simulation

    1. A person is guilty of criminal simulation if:
    (...)
    D. With intent to defraud and to prevent identification:

    (1) He alters, removes or obscures the manufacturer's serial number or
    any other distinguishing identification number, mark or symbol upon
    any automobile, snowmobile, outboard motor, motorboat, aircraft or any
    other vehicle or upon any machine, firearm or other object; or

    (2) He possesses any such object or any such item after that number
    has been altered, removed or obscured.




    --- Maryland ---

    § 6-306. Serial number - Alteration and sale of good.

    (a) Prohibited - Alteration.- A person may not remove, deface, or
    obliterate a manufacturer's serial number that is punched on or
    affixed by plate to a manufactured good with the intent to prevent
    tracing or identifying that good.

    (b) Same - Sale of good.- Except as provided in § 14-107(m) of the
    Transportation Article, a person may not knowingly keep or offer for
    sale a manufactured good from which the manufacturer's serial number
    has been removed, defaced, or obliterated in violation of subsection
    (a) of this section.




    --- Michigan ---

    750.536a Rendering goods or property unidentifiable; possession or
    sale of goods or property with identifying number obscured, defaced,
    altered, obliterated, removed, destroyed, or otherwise concealed or
    disguised.

    Sec. 536a.

    (1) A person who obscures, defaces, alters, obliterates, removes,
    destroys, or otherwise conceals or disguises any registration, serial,
    or other identifying number embossed, engraved, carved, stamped,
    welded, or otherwise placed or situated in or upon goods or property
    held for sale in the ordinary course of business with the intent to
    render the goods or property unidentifiable shall be guilty of a
    misdemeanor.

    (2) A person who is a dealer in or collector of any merchandise or
    personal property or the agent, employee, or representative of a
    dealer or collector and who possesses goods or property with the
    intent to sell the goods or property in the ordinary course of
    business knowing the registration, serial, or other identifying number
    has been obscured, defaced, altered, obliterated, removed, destroyed,
    or otherwise concealed or disguised shall be guilty of a misdemeanor.

    (3) A person who is a dealer or collector of any merchandise or
    personal property or the agent, employee, or representative of a
    dealer or collector and who sells goods or property in the ordinary
    course of business knowing that the registration, serial, or other
    identifying number has been obscured, defaced, altered, obliterated,
    removed, destroyed, or otherwise concealed or disguised shall be
    guilty of a misdemeanor.




    --- Minnesota ---

    609.52 Theft.

    Subd. 2. Acts constituting theft. Whoever does any
    of the following commits theft and may be sentenced as provided
    in subdivision 3:
    (...)
    (11) with the intent to prevent the identification of
    property involved, so as to deprive the rightful owner of
    possession thereof, alters or removes any permanent serial
    number, permanent distinguishing number or manufacturer's
    identification number on personal property or possesses, sells
    or buys any personal property knowing or having reason to know
    that the permanent serial number, permanent distinguishing
    number or manufacturer's identification number has been removed
    or altered




    --- Missouri ---

    Alteration or removal of item numbers with intent to deprive lawful owner.

    570.085. 1. A person commits the crime of alteration or removal of
    item numbers if he, with the purpose of depriving the owner of a
    lawful interest therein:

    (1) Destroys, removes, covers, conceals, alters, defaces, or causes to
    be destroyed, removed, covered, concealed, altered, or defaced, the
    manufacturer's original serial number or other distinguishing
    owner-applied number or mark, on any item which bears a serial number
    attached by the manufacturer or distinguishing number or mark applied
    by the owner of the item, for any reason whatsoever;

    (2) Sells, offers for sale, pawns or uses as security for a loan, any
    item on which the manufacturer's original serial number or other
    distinguishing owner-applied number or mark has been destroyed,
    removed, covered, concealed, altered, or defaced; or

    (3) Buys, receives as security for a loan or in pawn, or in any manner
    receives or has in his possession any item on which the manufacturer's
    original serial number or other distinguishing owner-applied number or
    mark has been destroyed, removed, covered, concealed, altered, or
    defaced.




    --- Montana ---

    45-6-326. Obscuring the identity of a machine.

    (1) A person commits the offense of obscuring the identity of a machine if he:
    (a) removes, defaces, covers, alters, destroys, or otherwise
    obscures the manufacturer's serial number or any other distinguishing
    identification number or mark upon any machine, vehicle, electrical
    device, or firearm with the purpose to conceal, misrepresent, or
    transfer any such machine, vehicle, electrical device, or firearm; or
    (b) possesses with the purpose to conceal, misrepresent, or
    transfer any machine, vehicle, device, or firearm knowing that the
    serial number or other identification number or mark has been removed
    or otherwise obscured.
    (2) A person convicted of obscuring the identity of a machine
    shall be fined not to exceed $500 or be imprisoned in the county jail
    for a term not to exceed 6 months, or both.
    (3) The fact of possession or transfer of any such machine,
    vehicle, electrical device, or firearm creates a presumption that the
    person knew the serial number or other identification number or mark
    had been removed or otherwise obscured.




    --- Nevada ---

    NRS 205.275 Offense involving stolen property: Definition; penalty;
    restitution; prima facie evidence; determination of value of property.

    5. Possession by any person of three or more items of the same or a
    similar class or type of personal property on which a permanently
    affixed manufacturer?s serial number or manufacturer?s identification
    number has been removed, altered or defaced, is prima facie evidence
    that the person has violated this section.




    --- New Hampshire ---

    637:7-a Possession of Property Without Serial Number.

    I. No person shall knowingly remove, deface, alter, change, destroy,
    obliterate or mutilate, or cause to be removed, defaced, altered,
    changed, destroyed, obliterated or mutilated the identifying number or
    numbers or any other identifying mark on any machine, mechanical or
    electrical device or any other property. Anyone doing so with the
    intent thereby to conceal the identity of the item or to defraud a
    manufacturer, seller or purchaser, or to hinder competition in the
    areas of sales and servicing, or to prevent the detection of a crime
    shall be guilty of a misdemeanor.
    II. Any person who buys, receives, possesses, sells or disposes of
    any machine, mechanical or electrical device or any other property
    knowing that the identification number or numbers or any other
    identifying mark on the item have been removed, defaced, altered,
    changed, destroyed, obliterated or mutilated shall be guilty of a
    misdemeanor. However, if a person discovering that the identification
    number or numbers or any other identifying mark have been removed,
    defaced, altered, changed, destroyed, obliterated or mutilated shall
    report the same to the nearest police station, he shall not be charged
    with violating this section. Further, said provisions do not apply to
    those persons who, on August 13, 1977, are lawfully in possession of
    that type of property described in paragraph I which does not have
    identifying numbers or marks or from which the identifying marks or
    numbers have been lost inadvertently.




    --- New Jersey ---

    2C:20-7.1. Fencing

    a. Possession of altered property. Any dealer in property who knew
    or should have known that the identifying features such as serial
    numbers and permanently affixed labels of property in his possession
    have been removed or altered without the consent of the manufacturer
    is guilty of possession of altered property. It is a defense to a
    prosecution under this subsection that a person lawfully possesses the
    usual indicia of ownership in addition to mere possession.




    --- North Carolina ---

    § 14?160.1. Alteration, destruction or removal of permanent
    identification marks from personal property.

    (a) It shall be unlawful for any person to alter, deface,
    destroy or remove the permanent serial number, manufacturer's
    identification plate or other permanent, distinguishing number or
    identification mark from any item of personal property with the intent
    thereby to conceal or misrepresent the identity of said item.

    (b) It shall be unlawful for any person knowingly to sell, buy
    or be in possession of any item of personal property, not his own, on
    which the permanent serial number, manufacturer's identification plate
    or other permanent, distinguishing number or identification mark has
    been altered, defaced, destroyed or removed for the purpose of
    concealing or misrepresenting the identity of said item.




    --- North Dakota ---

    12.1-23-08.2. Possession of altered property.

    1. A person is guilty of the offense of possession of altered property
    if he possesses
    property the identifying features of which, including serial numbers
    or labels, have
    been removed or in any fashion altered, knowing the serial number or identification
    mark placed on the same by the manufacturer or owner for the purpose of
    identification, has been erased, altered, changed, or removed for the purpose of
    changing the identity of such personal property.




    --- Oklahoma ---

    §21?1546. Removing, defacing, altering or obliterating ? Subsequent sale.

    Any person, firm or corporation who removes, defaces, alters, changes,
    destroys, covers, obliterates or makes a substitution of any
    trademark, distinguishing or identification number, serial number or
    mark, on or from any machine or electrical or mechanical device or
    apparatus, and thereafter sells or resells or offers for sale or
    resale the same in such condition, is guilty of a misdemeanor.


    §21?1547. Person acquiring machine or device with mark removed, altered, etc.

    Any person, firm or corporation who acquires, for the purpose of sale
    or resale and possesses any machine or electrical or mechanical device
    or apparatus, or any of the parts thereof, from or on which any
    trademark, distinguishing or identification number, serial number or
    mark has been removed, covered, altered, changed, defaced, destroyed,
    obliterated or substituted for, is guilty of a misdemeanor, unless
    within ten (10) days after such machine or electrical or mechanical
    device or apparatus, or any such part thereof, shall have come into
    his or its possession, said person, firm or corporation files with the
    chief law enforcement officer of the municipality in which the machine
    or electrical or mechanical device or apparatus or any such part
    thereof is located, or to the county sheriff of the county wherein
    said property is located if not within a municipality, a verified
    statement showing: The source of his or its title, identification or
    distinguishing number or serial number or mark, if known, and, if
    known, the manner of and reason for such mutilation, change,
    alteration, concealment, defacement or substitution, the length of
    time such machine or electrical or mechanical device or apparatus or
    part has been held, and the price paid therefor, and provided further,
    that any and all such verified statements shall be available for
    inspection by any interested person.




    --- Rhode Island ---

    § 11-18-23 Defacement or alteration of manufacturer's serial number.

    Any person who: (1) willfully removes, defaces, covers, alters, or
    destroys the manufacturer's serial number or any other distinguishing
    number or identification mark on any machine or any electrical or
    mechanical device for the purpose of preventing the detection of a
    crime or defrauding the manufacturer or any seller or any purchaser of
    the machine or the electrical or mechanical device; or (2) being a
    dealer in merchandise or the agent, employee, or representative of a
    dealer, knowingly buys, sells, receives, disposes of, conceals, or
    knowingly has in his or her possession any machine or any electrical
    or mechanical device from which the manufacturer's serial number or
    any other distinguishing number or identification mark has been
    removed, defaced, covered, altered, or destroyed for a purpose
    specified in subdivision (1) of this section, is guilty of a
    misdemeanor.




    --- South Dakota ---

    22-30A-39. Alteration or removal of serial number--Possession of
    property with altered serial number--Felony.

    Any person who, without consent of the owner, intentionally alters,
    obliterates, or removes a serial number or other identifying mark on
    personal property, or possesses any personal property knowing that the
    property has a serial number or identifying mark which has been
    intentionally obliterated, altered, or removed, which number or
    marking may be used to determine ownership of the property, is guilty
    of a Class 6 felony.




    --- Tennessee ---

    39-14-134. Alteration of item's permanent distinguishing numbers -
    Sale or possession of such item.

    (a) A person commits a Class A misdemeanor who knowingly and with the
    intent to conceal or misrepresent the identity of an item:

    (1) Alters, covers, defaces, destroys or removes the permanent serial
    number, manufacturer's identification plate or other permanent
    distinguishing number from such item; or

    (2) Sells, buys or has possession of such item.




    --- Texas ---

    § 31.11. TAMPERING WITH IDENTIFICATION NUMBERS.

    (a) A person commits an offense if the person:
    (1) knowingly or intentionally removes, alters, or
    obliterates the serial number or other permanent identification
    marking on tangible personal property; or
    (2) possesses, sells, or offers for sale tangible
    personal property and:
    (A) the actor knows that the serial number or
    other permanent identification marking has been removed, altered,
    or obliterated; or
    (B) a reasonable person in the position of the
    actor would have known that the serial number or other permanent
    identification marking has been removed, altered, or obliterated.




    --- Virginia ---

    § 18.2-96.1. Identification of certain personalty.

    C. It shall be unlawful for any person to remove, alter, deface,
    destroy, conceal, or otherwise obscure the manufacturer's serial
    number or marks, including personalty marked with a social security
    number preceded by the letters "VA," from such personal property or
    any part thereof, without the consent of the owner, with intent to
    render it or other property unidentifiable.

    D. It shall be unlawful for any person to possess such personal
    property or any part thereof, without the consent of the owner,
    knowing that the manufacturer's serial number or any other
    distinguishing identification number or mark, including personalty
    marked with a social security number preceded by the letters "VA," has
    been removed, altered, defaced, destroyed, concealed, or otherwise
    obscured with the intent to violate the provisions of this section.




    --- Washington ---

    RCW 9A.56.180
    Obscuring the identity of a machine.

    (1) A person is guilty of obscuring the identity of a machine if he knowingly:

    (a) Obscures the manufacturer's serial number or any other
    distinguishing identification number or mark upon any vehicle,
    machine, engine, apparatus, appliance, or other device with intent to
    render it unidentifiable; or

    (b) Possesses a vehicle, machine, engine, apparatus, appliance, or
    other device held for sale knowing that the serial number or other
    identification number or mark has been obscured.

    (2) "Obscure" means to remove, deface, cover, alter, destroy, or
    otherwise render unidentifiable.

    (3) Obscuring the identity of a machine is a gross misdemeanor.


    RCW 19.60.066
    Prohibited acts -- Penalty.

    It is a gross misdemeanor under chapter 9A.20 RCW for:

    (1) Any person to remove, alter, or obliterate any manufacturer's
    make, model, or serial number, personal identification number, or
    identifying marks engraved or etched upon an item of personal property
    that was purchased, consigned, or received in pledge. In addition an
    item shall not be accepted for pledge or a second-hand purchase where
    the manufacturer's make, model, or serial number, personal
    identification number, or identifying marks engraved or etched upon an
    item of personal property has been removed, altered, or obliterated

    Find Law List of State Codes:
    http://www.findlaw.com/casecode/state.html

    United States Code
    http://www.gpoaccess.gov/uscode/index.html
    Kelly H
    Yes, I know. No, I won't tell you.

  2. #2
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    Are you saying that refinishing a gun is defacing the serial number?

  3. #3
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    I don't know what it would be for your state, you'd need to consult legal advice for there. But painting or duracoating over a SN in CO is considered 'obscuring' under CRS 18-5-305(3) if the SN isn't readable (a good example is the laser engraving that Aimpoint uses).
    Kelly H
    Yes, I know. No, I won't tell you.

  4. #4
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    I think he is saying it may be, unintentionally - depending on your State law - an issue.

    I would think a DA would have bigger fish to fry...

    B_C

  5. #5
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    Quote Originally Posted by Business_Casual View Post
    I think he is saying it may be, unintentionally - depending on your State law - an issue.

    I would think a DA would have bigger fish to fry...
    You would think so, but in states where any excuse to wrap up a gun owner would fly.. Caveat.
    Kelly H
    Yes, I know. No, I won't tell you.

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