Overheard in a local pawn shop today

[jim97701]

My wife and I stopped into a local pawn shop today to see what they had to offer. My wife was looking at the jewelry and I of course went over to see what they had in stock in their gun counter. While I was looking I overheard the lady behind the counter on the phone. She was appearently on the phone with the local police and explaining to them that she had an AR that she wanted them to come and confiscate because it had no serial number on the lower. She told them she had allready talked to the ATF and that it wasnt illegal as it was built by someone using an 80% lower. She then went on to say that she couldnt sell it as it was untraceable without a serial number and she just wanted it picked up and destroyed. Made me wonder how it came to be in their possession in the first place? When they buy or loan against a weapon dont they have to record and run serial numbers to make sure the weapon wasnt stolen? If the ATF said it wasnt illegal then could they have not sold it? or is that not possible because they are an FFL?. Any way, it was sad to think that a perfectly good rifle ended up in a scrap pile (or a local cops collection? LOL). And as for the jewelry and firearms, they were all price like or higher than new!.

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[solv3nt]

You should have bought the upper.

 

[Stomper]

Better yet, you should have brought back an electric pencil and scribbled a number on it, then bought it.

 

[solv3nt]

Better yet, you should have brought back an electric pencil and scribbled a number on it, then bought it.

I don't believe that you can transfer completed 80% lowers. Correct me if I'm wrong, but wouldn't you have to have a manufacturing license in order to transfer the firearm that you made from an 80% lower?

 

[IronMonster]

That is correct, It is possible to transfer a built 80% lower but it requires that the builder jump through some hoops with the ATF.

I dont think anyone but the builder can though. If they had it there are probably already some laws that have been broken as it should have never been transferred to their possession in the first place.

Unless something was really special about the lower I doubt it would ever be worthwhile, not in today's world where you can buy a forged lower for $60. The simple answer would be to destroy/hand over the lower and spend the 15 minutes it would take to transfer all the parts over to a factory built one, Bam! you turned an unsellable rifle into one anyone can buy for next to nothing.

 

[coop44]

went through this in CA, if you build an 80% into a useable receiver. Marked by you or not, it is still your property, to dispose of as you wish. The disposition of your property is up to you, and it generally falls under the same guidelines as an 03ffl (C&R license), you can sell it but it must not be a business. It must not be a continual regular practice of yours. IF the BATF can prove this you are in trouble. IF they can track the receiver back to you, you can be in trouble. It is an unmarked receiver, right? It is recommended by everyone that it be marked in some way, either with a number that has meaning to you, or, an arbitrary number.

Do a couple of searches on calguns, lots of folks there have a better understanding of the regulations than I do.

I am not a lawyer, nor do I play one in movies and on TV. The preceding are my opinions only and must not be construed as legal advice. Thank you.

 

[ZA_Survivalist]

You should have bought the upper.

Ill echo that!
Id buy every part but the lower and make her an offer. Some cash is better than none.

 

[Velzey]

Not worth messing with, as stated above! Scrap out the garage job lower, most likely unanodized for a decent one! For $60 back in business!

 

[RicInOR]

Montana went after the Feds on the issue of what can they regulate - the commerce clause.
http://www.wnd.com/2014/03/supremes-shoot-down-states-fight-for-gun-rights/


I don't blame the Pawn shop owner for not wanting to get into a legal fight over a non-serialized firearm.

 

[Truenorth]

I would have offered to crush that POS lower in a vise right in front of her in exchange for the "spare parts".

 

[3MTA3]

Go back NOW and see what you can salvage. For the pawn shop some $$$ are better than none

 

[clearconscience]

Sounds like they bought it at a good price and then realized the error of theor ways and wanted it out of their hands before they got in trouble.

If they were any kind of gun people they would have parted it out and scrapped the lower.
Probably make more money too

 

[Mark W.]

Its also possible they ended up with it at the end of a pawn.

 

[Mark W.]

How would the pawn shop have handled any of the millions of firearms produced without a serial number by companies like Winchester. I have 3 Winchester 22's that do not have serial numbers on them they weren't required at the time and on some low end models they saved the money by not stamping them.

Model 67
Model 121
Model 131

etc. The pawnshop is being stupid.

 

[Velzey]

Its pretty well known around gun shops and pawn shops which old model .22's and shotguns didn't have serial numbers...And during BATF audits its no big deal...And I agree millions of them, are out there

As for AR-15 without a serial number? Do I want that logged into my bound book? I would not want to explain that one to the ATF. Not worth it really.

 

[redmud]

I would have given her just enough info to get her to let me buy the upper and and all the lower parts if I show her how to remove them.
They probably only had a couple hundred dollars invested any way.

 

[jim97701]

I actually did try, asked if she wanted to sell some parts off of it and she said no they are on their way to pick it up!. Seemed like they were in a hurry to just have it be gone and done with?. I never saw the gun in question as it was in the back out of view. Sha actually seemed annoyed that I asked her so just left it alone.

 

[redmud]

Funny!!!she stood her uninformed ground. I would have jumped at the opportunity to get educated and recoup some of my money.

 

[telero]

Pre 68 GCA firearms or non NFA firearms legally made by an unlicensed person (neither of which are federally required to have a serial number) can still be transfered. Dealer should enter NSN or "no serial number" in their bound book. Simple as that.

 

[Hill]

That rifle should never have been taken in - both the maker and the shop could have faced federal charges.

Firearms may be lawfully made by persons who do not hold a manufacturer's license under the GCA provided they are not for sale or distribution and the maker is not prohibited from receiving or possessing firearms.

The allowable limit is one firearm for personal use. It can never be legally sold.