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What info can be legally scrubbed from a firearm?


AKS-74U

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What is legal to scrub and what is not, specifically an imported firearm? I know at the federal level, only the serial number must legally remain un altered, but the manufacturers info, importers info, caliber, model number, etc... can all be scrubbed, removed, altered, etc... by the end user. this is all prescribed in 18USC and 27CFR.

 

Does Illinois have any restrictions beyond that? if so, where can I find the specifics?

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http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-5

 

(720 ILCS 5/24-5) (from Ch. 38, par. 24-5)

Sec. 24-5. Defacing identification marks of firearms.

(a) Any person who shall knowingly or intentionally change, alter, remove or obliterate the name of the importer's or manufacturer's serial number of any firearm commits a Class 2 felony.

(B) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated commits a Class 3 felony.

© Nothing in this Section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm's frame or receiver.

(d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense.

(Source: P.A. 93-906, eff. 8-11-04.)

I see some ambiguity there, particularly here, "the name of the importer's or manufacturer's serial number"

 

I know legal talk rarely ever follows proper english grammar or sentence structure, but in plain english I read that to mean the serial number either assigned by the manufacturer or importer. The word "name" doesn't fit, its almost like a typo. I do not read that to mean that I cannot remove the manufacturers or importers name. Am I wrong here?

 

Also that still leaves out caliber markings and model names/numbers. Can those legally be scrubbed?

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The bill that led to the current language is about as clear as mud too, at least that one paragraph. And the transcripts from floor debate don't shed any light.

Before the change, it was a violation to "knowingly or intentionally change, alter, remove or obliterate the name of the maker, model, manufacturer's number or other mark of identification of any firearm." See HA1 to HB4949 of the 93rd General Assembly.

Paragraph ( b ) was changed, and Paragraph ( c ) was added at the same time Paragraph ( a ) was amended.

Paragraph ( b ) uses the language "upon which any such importer's or manufcturer's serial number has been changed, altered, removed, or obliterated...".

Paragraph ( c ) allows replacement of parts even if that removes the manufacturer's/importer's name.

In order to have any consistency it seems fair to read ( a ) as if the words "the name of" should also have been stricken. But that's only a guess. You're safer leaving them intact.

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The bill that led to the current language is about as clear as mud too, at least that one paragraph. And the transcripts from floor debate don't shed any light.

Before the change, it was a violation to "knowingly or intentionally change, alter, remove or obliterate the name of the maker, model, manufacturer's number or other mark of identification of any firearm." See HA1 to HB4949 of the 93rd General Assembly.

Paragraph ( b ) was changed, and Paragraph ( c ) was added at the same time Paragraph ( a ) was amended.

Paragraph ( b ) uses the language "upon which any such importer's or manufcturer's serial number has been changed, altered, removed, or obliterated...".

Paragraph ( c ) allows replacement of parts even if that removes the manufacturer's/importer's name.

In order to have any consistency it seems fair to read ( a ) as if the words "the name of" should also have been stricken. But that's only a guess. You're safer leaving them intact.

Thanks!

 

Don't you just love Illinois politics...

 

I wonder if Todd could get us any clarification this?

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If you ask my States Attorney what can be scrubbed, his de facto answer is "everything." He just gave a guy who was arrested for felon in possession, AUUW, UUW, defacing a firearm, possession of a stolen firearm...probation, allowed him to plead to a misdemeanor. Dropped EVERY SINGLE FELONY.
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If you ask my States Attorney what can be scrubbed, his de facto answer is "everything." He just gave a guy who was arrested for felon in possession, AUUW, UUW, defacing a firearm, possession of a stolen firearm...probation, allowed him to plead to a misdemeanor. Dropped EVERY SINGLE FELONY.

This is the most infuriating part. Why even bother arresting people if they are NOT going to be punished for unlawful behavior. Especially felonies and gun related crimes. I just dont get it. There needs to be much less discretion given to the SA’s.

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This is the most infuriating part. Why even bother arresting people if they are NOT going to be punished for unlawful behavior. Especially felonies and gun related crimes. I just dont get it. There needs to be much less discretion given to the SAâs.

 

The only way that he will take anything to trial is if the defendant absolutely refuses to plea out. He absolutely despises trials. He'll offer defendants sweetheart plea deals, obviously. It's hard to pass up a plea deal where nine felonies are dropped in exchange for a misdemeanor count. Any lawyer would be stupid to advise his or her client to not take the deal if the SA has the defendant dead to rights. Think the guy had a negligent discharge charge as well. Maybe agg discharge, I forget. Either way, it's sickening. And he was out on parole (or probation) for felon in possession when he was arrested. Dead. To. Rights.

 

Sometimes the feds pick up firearm cases but not often enough. The police despise him because they'll do all kinds of work, due diligence to make sure stuff sticks, and the SA will go and drop charges resulting from a year's worth of investigation. One cop (on the city's tactical team) I talked to called him a corrupt piece of...for dropping a dozen Class X meth production charges, allowing the guy to plead to a Class 4 and get probation. Oh and he's associated with the Madigan Cartel.

 

My SA also cost the county (taxpayers) half a million bucks for sexually harassing his subordinates. County paid out the settlement, then he was reelected. Too many idiots. They're trying to pass some municipal ordinance that mimics the gun dealer licensing act for, you know, reducing gun crime. Meanwhile, the SA won't prosecute gun crimes to the fullest extent of the law. What's the point in new laws and regs if the ones on the books are never enforced? Strip discretion from the SAs. Defaced serial number? Can't drop it. Mandatory minimum.

 

Sent from my VS987 using Tapatalk

 

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