Concealed Carry an unserialized firearm legal???

[aestus]

With Polymer80 80% lowers and 1911 kits out there, was wondering what the legalities were in Oklahoma if you were concealed carrying. Even if legal, would that put you in an awkward spot with police not familiar with the legalities of home manufactured firearms not needing a serial number.

In states where you have to register your firearm, this would be a no go. Wasn't sure for Oklahoma.

 

[SMS]

I doubt it would be an issue in a non-criminal interaction.

In a post shooting investigation, as long as it was a justifiable shooting, I doubt there would be any issue.

 

[Cavedweller]

I scratch out the SN# on everything I own. Screw warranties and the Govt!

 

[Dave70968]

I'm not aware of any law against it. Would a prosecutor try to make hay of it? Possibly; a lot of them will use anything they can find to prejudice a defendant, even if it's irrelevant. See, e.g., the Gary Fadden incident, a good shoot if ever I've heard one, that gave the persecutor (not a typo!) a hard-on because the shooter used a (lawfully-possessed) machine gun; this is the story that gave us the famous last words "f*** you and your high-powered rifle." The article was written by Massad Ayoob, a name we should all know as an expert in self-defense and the law relating to it.

The persecutor went full-court press against Mr. Fadden, and there was nothing legally questionable about the shoot or his possession of the machine gun. Throw in the fact that "everybody knows" guns have to have serial numbers (yes, a few of us know better), and you have the makings of a prosecution based on innuendo and half-truths ("he wanted to make a gun so that he'd be 'off the books,' to hide what he was doing!"). Pay close attention to this paragraph:

Politically incorrect "assault weapons" make politically incorrect defendants. Though he didn't say it in so many words, prosecutor Jack Robbins' case against Fadden seemed to be, "I say, Muffy, people of breeding simply don't shoot criminals with machine guns in Fairfax County! Now, had he used a civilized weapon like a Browning Superposed ... and preferably shot him on the rise ... "
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Proper legal foundation? Hell no. You're doing nothing illegal by carrying that homebuilt pistol (at least not to the best of my knowledge of the laws of Oklahoma). The real question is, do you want to write big checks to a lawyer to demonstrate that?

As for myself, I'll carry factory-made guns, thanks. I don't see a problem with changing sights, or springs, or the mainspring housing on my 1911 (the arched version just fits my hand better), but things that will force me to get into a detailed explanation of subtle points of law to a jury? Pass.

 

[Rod Snell]

Under 18 U.S.C. 922(k) and 26 U.S.C. 5861(g), it is unlawful for any person to possess or receive any firearm which has had the serial number removed, obliterated, or altered.
GCA of 1968.
Firearms made prior to GCA 1968 are exempt from having a serial number.

An individual may manufacture a firearm for personal use only and not put a serial number on it. It gets tricky if you transfer it or especially sell across state lines (Interstate Commerce).

As our resident lawyer observed, do you want to have to explain to a jury the gun is really OK under Federal law if the unlikely happens and you get into a court situation?
Have you noticed in the news that the fellow who sold handloads to the LV killer is being charged for manufacturing and selling ammunition without a Federal license? How many people violate that law at every gunshow and think nothing of it?

 

[dennishoddy]

Firearms made prior to GCA 1968 are exempt from having a serial number.

Yep, I have several guns with no serial numbers that are perfectly legal to carry that were manufactured prior to 1968.
Had one of them at the Eat and Shoot today. .38 S&W.

 

[aestus]

Yeah, i was mainly talking about Polymer80 Glock builds that are being very popular. Especially due to how well made these 80% lowers are and reliable they are. Probably one of the biggest catalysts for the custom glock build craze going on right now.

I have a Polymer80 build that is like a sewing machine with how reliable it is. Thought about carrying it, but I know in some it can be an issue in some states. I could probably just buy a Stripped Glock 19 lower and switch lowers for concealed carrying out of state.

 

[D. Hargrove]

Ghost guns have their purpose for sure. I leave my guns that I have built over the years in the safe, I built them for fun, for the experience, for the sense of pride, heck I don't know why I built some of them. But i do know that every gun I carry concealed is a member of the 100% club.. That is 100% legal, 100% stock, 100% legit. Simply put, there needs to be no more stress in any legal shooting situation than necessary. If I gotta cap little Bobby in the Arse for pointing his wammy at me and telling me he is going to make my wife have another kid, I want everything to be "good" in both the Criminal side and the Civil side of court.. I

 

[beastep]

Im in the camp that believes you should carry what you are most confident in. If the laws say its ok, and you are most confident in that gun, I would carry it. The most important thing is to live long enough to have to explain yourself in court if it comes to that. Mine has frame mods, trigger mods, slide mods, sight changes, RMR, extended controls...

 

[hrdware]

Take a look at item 3 below

TITLE 21 § 1290.7
CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed or unconcealed handgun pursuant to a valid handgun license as authorized by the provisions of the Oklahoma Self-Defense Act shall not be construed to authorize any person to:
1. Carry or possess any weapon other than an authorized pistol as defined by the provisions of Section 1290.2 of this title;
2. Carry or possess any pistol in any manner or in any place otherwise prohibited by law;
3. Carry or possess any prohibited ammunition or any illegal, imitation or homemade pistol;
4. Carry or possess any pistol when the person is prohibited by state or federal law from carrying or possessing any firearm; or
5. Point, discharge or use the pistol in any manner not otherwise authorized by law.