Second Circuit Affirms Sentencing Enhancement for Altered Serial Number on a Gun, Despite Legible Serial Numbers On Other Parts of the Firearm

[gunpoliticsny]

Second Circuit Affirms Sentencing Enhancement for Altered Serial Number on a Gun, Despite Legible Serial Numbers On Other Parts of the Firearm.

 

[Cavalry]

The pistol that was found on St. Hilaire bore three different serial numbers, each on different components of the weapon. One of the numbers was slightly scratched but clearly legible; another was scratched but still showed most of the characters clearly; and a third was so heavily scratched that some of the numbers were not clear. The presentence report applied a four-level sentencing enhancement for possessing a firearm with “an altered or obliterated serial number,” pursuant to U.S.S.G. § 2K2.1(b)(4)(B). The enhancement put St. Hilaire at a total offense level of 25 and, with a criminal history category IV, the advisory guidelines range was 84-105 months’ imprisonment. St. Hilaire objected to the enhancement, pointing to the fact that at least one of the serial numbers was clearly legible and that by comparing the three serial numbers, one could determine they were all the same.

So are the numbers the same or different? If the serial numbers are different and the one that was "not clear" was on the frame then I dont see a problem with the ruling. Any serial numbers other than the frame do not matter, they are optional and not the serial of the gun.

 

[Chevusa]

Unfortunately the only number that is the real number is the one on the frame. You could have the number in 100 other places but that is mute.

There is confusion because how the article is written, but I would think if all of the numbers matched he wouldn't have been charged to begin with. This person has a criminal history and was surely giving the cops a hard time which didn't help. If it were a law abiding citizen in the same situation I'm sure the cops would have worked with him and pieced together the number to be able to run it. Does anyone think that a criminal with a gun with 3 serial numbers scratched just happened by accident? He was up to no good.

 

[Deplorable Me]

Was this a military surplus gun? That is the only time I've seen more than one serial number on a firearm.

 

[spat]

Was this a military surplus gun? That is the only time I've seen more than one serial number on a firearm.

Lots of manufacturers serialize more parts than the frame, and make those serials match from the factory.

For instance glock serializes the barrel and slide in addition to the frame.

 

[togmaster]

Lots of manufacturers serialize more parts than the frame, and make those serials match from the factory.

For instance glock serializes the barrel and slide in addition to the frame.

So does CZ.

 

[Darth]

The victims can surely sleep easily at night now.

 

[Acer-m14]

just fkin great my 91/30 is missing the butt plate serial number and serial number on the pig sticker ..

what about all the old guns that never even had a serial number ..

LOL

 

[camper4lyfe]

Those DIY AR's are in big trouble. What a bunch of stupid laws.

 

[@thewheels]

The victims can surely sleep easily at night now.

But, but...but...............law enforcement has a "substantial interest in accurately tracing firearms"

 

[@thewheels]

what about all the old guns that never even had a serial number ..

Unicorns, hens teeth, fairies, and the easter bunny aren't real?!?