Destroyed regulated firearm - unRegistration?

85MikeTPI · Jul 4, 2017

I believe I know the answer is no, but I thought I'd check that something new or "Maryland" hasn't been snuck into a new law.

I had one of my pistols blow up and destroyed the serialized portion. Do I need to notify MSP or other to stay within the letter of the law? It's not lost or stolen, just unusable.

Otherwise I need to patch it up and wait for a buy-back program to recover some fundages...

fnfalsar48 · Jul 4, 2017

You can send it back to the manufacture and they can put the same serial number on the new receiver.

swinokur · Jul 4, 2017

85MikeTPI said:
I had one of my pistols blow up and destroyed the serialized portion. Do I need to notify MSP or other to stay within the letter of the law? It's not lost or stolen, just unusable.

no

Doctor_M · Jul 5, 2017

Hope you are OK and nobody was injured. If you aren't going to send the frame back to the manufacturer, I would at least document it with photographs in case the question ever comes up.

Stay safe.

newmuzzleloader · Jul 5, 2017

WTH. I hope your hand is ok.

JohnnyE · Jul 5, 2017

fnfalsar48 said:
You can send it back to the manufacture and they can put the same serial number on the new receiver.

Sadly, that's not always the case.

The serial numbered frame of my LCP cracked, I sent it to Ruger and they said it and was unrepairable. I asked if they could destroy the cracked frame and stamp that serial number on a replacement frame so I could avoid the issue of visiting my FFL, presenting my HQL, and doing a 77r and 4473. Ruger customer service told me they don't do that anymore, so getting me a warranty replacement was handled like a new gun transfer.

PapiBarcelona · Jul 5, 2017

Unless you voluntarily registered it, technically there is no registration in the verbage. I assume the "list" just shows transfers.

Since you can't untransfer it at the specific date you did it, it's always going to be there.

swinokur · Jul 5, 2017

The genius of the MD MGA on display

Mag Dump · Jul 6, 2017

fnfalsar48 said:
You can send it back to the manufacture and they can put the same serial number on the new receiver.

Sadly that is not lawfully possible.

Under the Gun Control Act of 1968 at 18 U.S.C. § 923(i), as implemented at 27 C.F.R. § 478.92(a)(1)(i), it is unlawful for a firearm manufacturer to " . . . duplicate any serial number placed by you on any other firearm . . ."

highli99 · Jul 6, 2017

JohnnyE said:
Sadly, that's not always the case.

The serial numbered frame of my LCP cracked, I sent it to Ruger and they said it and was unrepairable. I asked if they could destroy the cracked frame and stamp that serial number on a replacement frame so I could avoid the issue of visiting my FFL, presenting my HQL, and doing a 77r and 4473. Ruger customer service told me they don't do that anymore, so getting me a warranty replacement was handled like a new gun transfer.

Dang. What kind of ammo were you using?

Threeband · Jul 6, 2017

PapiBarcelona said:
Unless you voluntarily registered it, technically there is no registration in the verbage. I assume the "list" just shows transfers.

Since you can't untransfer it at the specific date you did it, it's always going to be there.

This.

It's not really the gun that's "registered": it's the transfer.

Maryland never "unregisters" a transfer. If you buy a handgun in a private sale, it will be forever listed as belonging to both you and the person you bought it from. Sell it again, and it will be listed under three people's names in Maryland's database.

Since you know the gun is beyond repair, you never need worry that it will be recovered at a crime scene and traced back to you. No one will ever come asking you about it.

85MikeTPI · Jul 6, 2017

Thanks everyone, great info here as always. I guess I'm always thinking that if the state ever comes looking for any reason, that I'd get the thumb screws if I couldn't produce everything on the list they don't keep..

HordesOfKailas · Jul 6, 2017

Do you need to notify the ATF? I know you do if it's lost or stolen. What does damaged require in that regard?

fnfalsar48 · Jul 6, 2017

Mag Dump said:
Sadly that is not lawfully possible.

Under the Gun Control Act of 1968 at 18 U.S.C. § 923(i), as implemented at 27 C.F.R. § 478.92(a)(1)(i), it is unlawful for a firearm manufacturer to " . . . duplicate any serial number placed by you on any other firearm . . ."

Serial number is not duplicated, original is destroyed.
You should call H&K and tell them.

Threeband · Jul 6, 2017

HordesOfKailas said:
Do you need to notify the ATF? I know you do if it's lost or stolen. What does damaged require in that regard?

Where did you hear that?

HordesOfKailas · Jul 6, 2017

Threeband said:
Where did you hear that?

https://www.atf.gov/firearms/report-firearms-theft-or-loss-0

Any Federal Firearms Licensee who has knowledge of the theft or loss of any firearms from their inventory must report such theft or loss within 48 hours of discovery to ATF and to the local law enforcement agency. (Regulations at 27 CFR § 478.39a and implementing section 923(g)(6) require that the report of theft or loss be made by telephone and in writing to ATF).

rbird7282 · Jul 6, 2017

Sounds like "loss" means missing or lost, not accidentally destroyed. In this case I don't think any notification to the ATF is needed.

HordesOfKailas · Jul 6, 2017

rbird7282 said:
Sounds like "loss" means missing or lost, not accidentally destroyed. In this case I don't think any notification to the ATF is needed.

That's my understanding as well. Just curious.

Threeband · Jul 7, 2017

Any Federal Firearms Licensee who has knowledge of the theft or loss of any firearms from their inventory must report such theft or loss within 48 hours of discovery to ATF and to the local law enforcement agency. (Regulations at 27 CFR § 478.39a and implementing section 923(g)(6) require that the report of theft or loss be made by telephone and in writing to ATF).

That applies only to Federal Firearms Licensees and even then, only to guns in their inventory. It doesn't even appear to apply to their personal guns. It certainly does not have anything to do with anyone who is not a federally licensed dealer of some sort.

swinokur · Jul 7, 2017

The statue saysc a serial "placed by you". The manufacturer placed the serial number, not the owner.

Destroyed regulated firearm - unRegistration?

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