all of the cops out there who were born
like two weeks ago because we're getting
older sure um and all the sudden they're
like there's no serial number on your
gun and they're really hassling people
about it and so then people call me and
they're like hey I mean he finally gave
it back to me but it seemed like a
really big deal am I doing something
wrong we at arm jorney today we are
talking about unserialized Firearms
we're going to talk about what happens
if you are in possession of one where
the serial number has been obliterated
or tampered with we're going to talk
about what happens if you have one that
has never had a serial number and what
happens and what is the status of your
3D printed guns and your 80% kits but
before we get started show your support
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shits all right well uh today we're
talking about and this came up in the
news because of a high-profile incident
that happened in the State of Florida
sorry YouTube gods don't get mad at us
for no saying the word Florida I know
right can we say the government was in
on it can we say that that's what I'm
saying I don't know we'll see we'll
check out uh check out that view count a
little bit so but all right so it raised
a question we've got some questions
about uh the serialization requirement
on Firearms obliterating or tampering
with serial numbers and finally you know
we have a lot of gunset don't have
serial numbers um generally that's not
an issue but there's a little bit to it
so we have to talk about it now where do
we get this kind of General
let's let's go back in time to a world
where there was no such thing the wavy
fuzzy
lines um yes so if you go back to let's
go back say to
1967 not nobody was thinking about
serial
numbers however um we did have
a shiny new gun law passed in 1968 which
was
called the gun control act the gun
control act why was the gun control Act
passed Richard well it might have
history Rhymes and with the thing that
happened in Florida I don't I'm not
going to say the word oh yep well that's
exactly right so we had some we had some
some shootings of of high-profile
figures um and that caused new gun
control legislation and of the many many
many many things the gun control act of
1968 brought us it brought us the Advent
of serial numbers right serial numbers
not that nothing serialized before but
it wasn't mandatory it was the top of
the slope of the slippery one though it
was you know the thing that it really
brought us that that pisses me off
though is not being able to purchase
Interstate yeah that's a messed up that
really like what thought this was
America I should I should be able I
should be able to drive in Louisiana and
buy a gun anyway neither here nor there
um but yes so serial numbers so I still
get phone calls from people on a fairly
regular basis and here's what happens is
you've got an old gun and you are
driving around with it and you get
pulled over and the law takes it away
from you wants to run the serial number
there's no serial number and all of the
cops out there who were born like two
weeks ago because we're getting older
sure um and all of a sudden they're
like there's no serial number on your
gun and they're really hassling people
about it and so then people call me and
they're like hey I mean he finally gave
it back to me but it seemed like a
really big deal am I doing something
wrong and the answer is no because if
you're doing something wrong he wouldn't
have given it back to you but it's all
these like as law enforcement gets
younger and younger everyone forgets
that serial numbers weren't a thing
until fairly recently right okay so
we're looking at the gun control act of
1968 that's in October and this is where
we got our general requirement that
manufacturers now going forward uh you
have to serialize the firearms that
you're manufacturing that's an 18 USC
923 I now we have another Cory provision
for NFA items that's in 26 USC 58 61g
and then we say okay so manufacturers
you got to start including these serial
numbers well hey person who has a
serialized firearm uh what is to stop
them from removing it so we have 18 USA
922k um which I'm just going to read out
a little bit so people have an idea um
this section makes it unlawful for any
person to knowingly transport ship or
receive any Interstate or foreign
Commerce any firearm that has had its
serial number removed obliterated or
altered it is also illegal to possess
such firearm if it has moved in
Interstate or foreign Commerce you know
what I think is hilarious about that
though I think I know I think I know
where you're you already know um so the
actual Act of obliterating the serial
number isn't the crime it's possession
it's possession so I mean first of all
if like I come into possession and I
don't check the serial number and I
don't notice well I'm committing an
offense but the guy who obl o lated the
serial number not implicated right and I
like to imagine a world in which like
I've somehow like obliterated the serial
number and then like toss the gun real
fast like never possessed it I don't
know how you obliterate without
committing possession but I'd like to
imagine there's a way sure comment below
if you can think of a wayn just
joking so we have all right so we have a
general requirement these folks hey you
need to serialize these hey people once
you got these serialized guns can't
possess these obliterated serial numbers
and can't knowingly possess them um and
so that goes to and it raises a bunch of
issues with okay well we have homemade
Firearms we have 3D printed Firearms we
have 80% kits we have firearms Manu you
know Parts kits and the ATF has been
making some moves or attempted moves on
ghost guns so spooky um trying to
regulate these things saying hey Manu
you know gun industry you have to treat
these things as firearm serialize them
uh that rule has been um is not in
effect currently wre so they tried they
tried um however and you know it was not
I mean nothing the ATF does is
reasonable it's just shades of
unreasonable I will say in the way they
tried with the 80% lowers it was uh not
as unreasonable because it was like if
you already owned the kit you didn't
have to do anything and it didn't really
impose any restriction on the individual
person simply upon the FFL dealer right
or the manufacturer to begin serializing
if you an FFL in possession of um some
sort of you know 80% lower you had to
serialize it if it came into your
possession um let's say someone put a
firearm that was unserialized into your
possession as an FFL they checked it in
for some Gunsmithing overnight you had
to serialize it before you could release
it but the individual person was not
under any obligation but that is all
enjoined we are I mean back in the world
in which I mean you
get you get to make your own gun again
without a serial number and 3D printed
guns have always I mean
I ground my gears a little bit because
there are so many rumors and so many
misconceptions about what you can and
can't do with 3D printed guns and I
think law enforcement perpetuates that
because there's all that like well you
can't do it if it has no metal Parts
can't go through an x-ray well there's
always going to be metal parts right no
law I talked to a guy last week who
spoke to an ATF agent who told them the
exact opposite of what we just talked
about right I mean so I mean there
there's a problem out there but again
that ghost gun uh spooky season
regulation that related only to the
manufacturers and sellers of the kits it
was not targeting folks who let's say
already had these kits in their
possession or were making stuff from
complete uh scratch so it didn't it
wasn't for the consumers it was for the
manufacturers but again that's on hold
we're not worried about that right now
so to our folks who are hobbyists who
are making homemade Firearms you know
maybe they're finishing out um these 80%
per kits or 3D printing them um is there
a serialization requirement no there is
not um just do not alter tamper width or
obliterate a serialized firearm in your
possession do not possess one if someone
tries to transfer it to you and you see
that the serial number has been tampered
with altered or obliterated um because
not only do we have this federal offense
but it it's a crime in every state that
I know of and that's I'm not saying
there aren't some states out there where
it's not a crime I'm sure someone will
comment and correct me but it's a crime
in almost every state so you don't want
to run up against that yeah to and maybe
to clarify a little bit we're talking
about on the federal level and the vast
majority of states there are a handful
of states that say Hey if you make
homemade firearm especially in these
states that require registration yes
California I think New York um you know
you have a gun associated with your
person in some centralized database I
imagine those are going to require
serialization correct if you are living
in in certain parts of the country you
know who you are you probably have a
state's law that requires your
serialization um but on the federal
level we
are Freer than in some states God help
us yeah so but we hope you enjoyed this
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