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Is there a limit to how much a handgun receiver/frame can be modified

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  • #46
    SoldierLife7
    Joe Exotic For President
    CGN Contributor
    • Apr 2013
    • 2420

    Originally posted by Fizz
    The ATF has guidelines on how to destroy a firearm. However, I can't see where their guidelines are codified or based on statute, regulation, or case law.

    As for removing material around the markings thereby removing the serial in violation of fed law/CA PC, if we're to argue that it's the same, then there must be a threshold of when an amount or location of material removed constitutes that point. That doesn't appear to be codified. I would argue that simply removing a serial number from an otherwise operable arm would be a clear violation.

    Where's the law that says you cannot reconstruct/construct a destroyed firearm? And defines a destroyed firearm?

    The critical elements of firearms sales/DROS is rifle/shotgun or pistol. I'd agree that converting a long gun to handgun or vice versa would not be permitted. However, people modify their guns and sometimes the frames to be things that don't resemble the original at all. Different calibers, magwell flares, removed locks/LCIs, frame serrations/stippling, aftermarket rails, holes/tapping.

    I don't think there'd be any issue modifying the grip area on a typical semi- pistol to be large enough to accept a magazine and related changes to accept 357 magnum. So building a the gun into something other than the original manufacturer isn't an issue. If you modify the frame in ANY way, you've made something the manufacturer never intended, it could be something as simple as a hole and related changes to make a mag release left handed.

    You mention a jury, the prosecutor would need have charges in the case. What those potential charges are is what I'm interested in.

    I think removal of the markings fed/pc law can be worked around (Potential options, grind material TO markings, attach billet to an otherwise unaltered frame, don't remove enough material to be considered destroyed). I don't think there's any law that prevents constructing/reconstructing of a destroyed firearm, and there is no law to my knowledge that prevents using a frame to make something other than what the manufacturer intended a specific serial number to be (other than long gun/handgun conversions).
    The ATF is pretty clear in defining what constitutes a firearm. It also defines what constitutes destroying a firearm. What you are suggesting would by definition destroy the firearm making the serial number and markings irrelevant and NOT altering a firearm(because it would no longer be a firearm).

    You would actually be destroying the firearm, and then manufacturing a new one and sticking a/the serial number on the new one. You would then (as a manufacturer) have to add YOUR information as the manufacturer and would have two sets of manufacturers information on the firearm...

    I will say it again, if you grind away all the material except markings, you WILL by ATF definition DESTROY the firearm.

    How to Properly Destroy Firearms What are ATF’s Acceptable Destruction Procedures? Use an oxy/acetylene torch (not band sawed) Must remove at least ¼ inch of metal per cut Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model) Acceptable method of destruction is to completely melt (smelt), shred or crush the firearm


    The serial number would have nothing to do with the destroyed firearm and everything to do with the newly manufactured gun.

    If you want to see more about the laws concerning what you are suggesting, I would suggest looking at the laws that reference manufacturing firearms from 80% receivers.

    I understand the concept of your argument, but I do not think you have a rational standing.

    Comment

    • #47
      Fizz
      Senior Member
      • Feb 2012
      • 1473

      Originally posted by SoldierLife7
      The ATF is pretty clear in defining what constitutes a firearm. It also defines what constitutes destroying a firearm. What you are suggesting would by definition destroy the firearm making the serial number and markings irrelevant and NOT altering a firearm(because it would no longer be a firearm).

      You would actually be destroying the firearm, and then manufacturing a new one and sticking a/the serial number on the new one. You would then (as a manufacturer) have to add YOUR information as the manufacturer and would have two sets of manufacturers information on the firearm...

      I will say it again, if you grind away all the material except markings, you WILL by ATF definition DESTROY the firearm.

      How to Properly Destroy Firearms What are ATF’s Acceptable Destruction Procedures? Use an oxy/acetylene torch (not band sawed) Must remove at least ¼ inch of metal per cut Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model) Acceptable method of destruction is to completely melt (smelt), shred or crush the firearm


      The serial number would have nothing to do with the destroyed firearm and everything to do with the newly manufactured gun.

      If you want to see more about the laws concerning what you are suggesting, I would suggest looking at the laws that reference manufacturing firearms from 80% receivers.

      I understand the concept of your argument, but I do not think you have a rational standing.
      ATF "Guidelines" are not law or regulation. If you'll notice, they cite NOTHING.

      Unless it's codified or there's case law interpreting statute their guidelines have no bearing on whether an act is legal/illegal.

      Comment

      • #48
        SoldierLife7
        Joe Exotic For President
        CGN Contributor
        • Apr 2013
        • 2420

        Originally posted by Fizz
        ATF "Guidelines" are not law or regulation. If you'll notice, they cite NOTHING.

        Unless it's codified or there's case law interpreting statute their guidelines have no bearing on whether an act is legal/illegal.

        Comment

        • #49
          champu
          CGN Contributor
          • Nov 2013
          • 1981

          Originally posted by Fizz
          Where's the law that says you cannot reconstruct/construct a destroyed firearm? And defines a destroyed firearm?

          Comment

          • #50
            Cokebottle
            Señor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Originally posted by Ivan275
            So a stipple job on a Glock that erases the "Glock" logo on the handle is illegal? I guess you learn something every day.

            Can I deface the slide where is says Glock, model and caliber?
            Those actions would not be a problem.
            You can not remove, deface, or conceal the serial number plate.
            That would include, as the original post described, "cut out any frame parts with a serial number and weld anything to it", which is implying the possibility of cutting away everything BUT the serial number plate and attaching it to a different frame.
            It's the same as removing the VIN from a vehicle and moving it to another vehicle. It's not legal.
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

            Comment

            • #51
              Cokebottle
              Señor Member
              CGN Contributor - Lifetime
              • Oct 2009
              • 32373

              Originally posted by Fizz
              Think of it like a VW bug-based sandrail. The frame is what makes it a VW for legal purposes, you can twist the frame or hack it up and it's still a VW as long as you keep the VIN portions intact. Doesn't matter if you cut up the frame and turned it into a pickup truck, you would still register, insure and title it as a 19XX VW.
              Actually, you can't.
              People do it all the time, but it is not legal.
              - Rich

              Originally posted by dantodd
              A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

              Comment

              • #52
                ccw-g30
                Member
                • Jan 2009
                • 179

                It's a bad idea.

                Waiting for the OP's next "But if I..." post. The question has been asked and answered. Let it die.
                Originally posted by Cokebottle
                The civil trial is what we really have to worry about. A good shoot is a good shoot, and in a good shoot, charges are unlikely. Dirtbags have families, who either refuse to believe that they are dirtbags, or who are dirtbags themselves and see the "loss" of their family member as a lottery ticket.
                A Good American votes with a ballot, a Smart American votes with his wallet.
                Me circa 2018

                Comment

                • #53
                  Fizz
                  Senior Member
                  • Feb 2012
                  • 1473

                  Originally posted by ccw-g30
                  Waiting for the OP's next "But if I..." post. The question has been asked and answered. Let it die.
                  You want it to die but bump the thread. Anyway, there's a mark lack of citation here. With exception to Quiet's cites and an anecdote about MGs (that I can't find to research further), most people here seem to be arguing how they feel about it VS what the statute, regulation and case law state.

                  I've proffered ways around the marking removal issue and yes it's been adapted as points have been made.

                  Though, if you're done, I'm not sure why you'd even start.

                  Comment

                  • #54
                    jimbo74
                    Veteran Member
                    • Mar 2014
                    • 2923

                    And there isn't an anti vw lobby in CA trying to take your sandrail away......
                    "It is currently CA legal to modify a double-action revolver into a single-action revolver and modify a single-action revolver into a double-action revolver.

                    CA DOJ BOF stance on modifying handguns only applies to dimensionally compliant bolt-action single-shot pistols and dimensionally compliant break-open single-shot pistols.
                    ^It does not apply to revolvers, manually operated repeating pistols, and semi-auto pistols." ~~ Quiet

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