A young man in Minnesota is facing a September trial for the unlawful possession of two firearms without serial numbers. The problem with the charges is that the firearms in question were home builds; private manufacture, not commercial.
The County Attorney and law enforcement have charged Walker with violating MN 609.667 because his privately made firearms do not have serial numbers on them – despite not being required under federal law – and, in our opinion, not needed under Minnesota statutes.
Lessee. 609.667 FIREARMS; REMOVAL OR ALTERATION OF SERIAL NUMBER. does seem to require serial numbers…
Whoever commits any of the following acts may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(3) receives or possesses a firearm that is not identified by a serial number.
…but, it not quite.
As used in this section, “serial number or other identification” means the serial number and other information required under United States Code, title 26, section 5842, for the identification of firearms.
So let’s take a look at 26 U.S. Code § 5842.
Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.
If you’re an idiot Sherbourne County deputy, county attorney, or judge mostly unfamiliar with federal law, that probably seems clear. They forgot to look at the chapter definitions, described in 26 USC 5845.
(a)Firearm
The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
That chapter is talking about commercial manufacture and NFA firearms. Unless Walker‘s firearms are short-barrel rifles, or other NFA item, federal law does not require serial numbers. The firearms in question appear to be an AR-pattern 9mm pistol and an AR-10 with a 20 inch barrel. Not NFA.
My guess is that — unless someone hits the County Attorney with a clue bat, Walker will initially be convicted, the courts being what they are these days.
He should win on eventual appeal; though Ghu only knows how high the appeals will have to go. It’s going to be expensive, so if you can, you might contribute a little something to his GiveSendGo legal fund.
And once Walker’s record is cleared, he needs to sue the ever-loving s–t out of the idiot deputies and the County Attorney. None of them can claim good faith ignorance of the law since…
Walker informed the deputy of the federal laws around PMFs and not requiring a serial number if for personal use. And since he is a lawful gun owner, no restrictions on owning them. The deputies detained Walker for several hours, and confiscated his firearms.
Yes, the 18 U.S. Code § 242 – Deprivation of rights under color of law lawsuit should be amusing. False arrest, deprivation of rights, malicious prosecution. I could probably think of a few more.
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