There are several gun-related laws in the country and across various states, each with heavy repercussions. Many know the rules regarding gun ownership and use, but there is one more crime you may not be aware of: gun defacing. What is it, why is it illegal, and what are the penalties?
Defacing a Firearm: Definition
Defacing a gun means intentionally removing the identification number on a firearm or being in possession of a defaced firearm. It means removing, changing, or damaging the following information on a firearm: the manufacturer’s name, the firearm model, the gun’s serial number, and any other identification marks. Whether you personally and intentionally defaced it or not, you should not be in possession of one. However, this rule excludes cases where the serial number wears out.
Can You Be Arrested for Defacing a Firearm?
It is illegal to deface a firearm or be in possession of one. It doesn’t matter whether you removed it, accidentally damaged it when you were cleaning it, or purchased one without the serial number. So, why is it a crime to have possession of a defaced firearm? The serial number is a crucial piece of information for the authorities. If the firearm is stolen or found at the scene of a crime, they can easily locate it to the owner or whoever is in possession of it. The serial number gives the name of the manufacturer and the owner, but defacing eliminates that option.
What Are the Penalties for Possessing a Defaced Firearm?
Defacing a firearm and possessing a defaced one are both class 1 misdemeanors. Like other crimes of the same degree, you may face 6–18 months in jail or be fined $1,000–$5,000 or both. There are also instances where the charges will be classified as class 5, meaning harsher penalties.
If you have a previous record of being convicted of a defaced firearm or being in illegal possession of a weapon in the last at least five years, then the charges can escalate to the fifth degree. If charged with such crimes plus defacing, you will face up to three years in jail and a fine of $100,000. Your gun rights will also not be restored, meaning you will never be allowed to legally own a firearm.
Read more: Firearms charges in Minnesota
Seek Legal Help
Not many know about gun defacing charges or the strict penalties related to it. If you are charged with that or any other gun or criminal-related crime, you need the professional help of Lynne Torgerson, an experienced criminal lawyer in Minneapolis.