Whether serial numbers, or the lack thereof, violate the Second Amendment is not necessarily a settled issue in the United States. In October 2022, a federal judge in West Virginia ruled that federal bans on possessing firearms that have had their serial numbers removed was unconstitutional.
If the Serial Number was removed or obliterated, the firearm is contraband and cannot be possessed. This analysis should be done upon receipt of the firearm and the FFL is responsible to be certain that any firearm it receives into inventory is logged properly and not accepted if it is contraband.
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.
Under 18 U.S.C. § 922(k), individuals can face up to five years in federal prison and substantial fines for possessing a firearm with an altered or removed serial number. Beyond the immediate penalties, the long-term consequences of a conviction can be devastating.
Ghost Guns are unserialized (and therefore untraceable) firearms that are put together by components purchased either as a kit or as separate pieces. These firearms are fully functioning guns that are as lethal as a fully finished, serialized firearm.
In addition, because ghost guns do not have a serial number, they cannot be traced when they are used to commit a crime, preventing law enforcement from effectively investigating violent crimes. Ghost guns are the fastest-growing gun safety problem facing our country.
Being Caught With an Unlicensed Firearm Being found in possession of an unlicensed firearm can attract you a jail sentence as high as 10 years in prison or fines as large as $150,000. Individuals who have weapon permits in other states are not allowed to possess a firearm in the state of NJ without a NJ weapons permit.
The lower receiver is the part of the AR 15 that contains the fire control group (the trigger, disconnector, hammer, and fire selector), so this is the only portion of the AR that must be marked with a serial number, manufacturer's name, and so on.
Typically, in the case of destroyed or defaced firearm serial numbers, restoration is performed via acid etching and/or electrolytic etching.
Possession of an unregistered firearm is also covered by federal laws and can also be charged as a federal offense. 26 U.S.C. § 5861(d) provides that it is a crime for a person to receive or possess a firearm not registered to them in the National Firearms Registration and Transfer Record.