imported post
Alexcabbie wrote:
WHY tape in the FIRST PLACE?? Unless you are deliberately trying to provoke the police? Well??
Alex, I'm afraid that as much I hate to admit it, I'm sort of with kwikrnu on this one. When we take things like the BATFE's E-Trace system (a national database that LEO's enter the serial#, description, and OWNERS INFORMATION of ANY firearm they "run the number for), I can sort of see why one might want to make the unlawful search (of the serial number of a legally-owned firearm) in a non-lawful "stop" a little more difficult.
I mean it's pretty much standard procedure for us to photoshop out (or tape over) the SN's of out firearms when we post pics on internet forums, right? There's nothing wrong with that, and in fact it is HIGHLY recommended to prevent BGs from gettting our SN info. So why not do the same when we OC. If we're not doing anything illegal, and an LEO is "just holding your firearm for officer safety" during the stop, then he would have no real reason (and no legal justification) to run its numbers...
There are very specific state and federal laws about defacing or altering serial numbers, but to my knowledge, there are no laws that require them to be visible. In fact, there are many custom grips for revolvers that cover the SN and they are perfectly legal. I don't know about you, but I sure as hell don't want some fumble-fingered overzealous rookie jacking around with the screws, grips, or endangering the finish of my custom revolver.
And if I've done nothing that would indicate that my firearm is stolen, and the officer does not have some sort of "watch list" of stolen guns that includes one the tsounds like mine (and my main carry gun is pretty darned unique) then he's got no legal reason to run my numbers, and he SURE as hell doesn't have any legal standing to enter my personal info and the SN of my firearm in an illegal National Involuntary Registry, which is what E-Trace really is...
In fact, I my have to print up some vinyl stickers with the words "4th Amendment" to hand out to people for JUST this purpose.
Here in NC, the statute on serial numbers reads thusly:
North Carolina General Statute § 14‑160.2. Alteration, destruction, or removal of serial number from firearm; possession of firearm with serial number removed.
(a) It shall be unlawful for any person to alter, deface, destroy, or remove the permanent serial number, manufacturer's identification plate, or other permanent distinguishing number or identification mark from any firearm with the intent thereby to conceal or misrepresent the identity of the firearm.
(b) It shall be unlawful for any person knowingly to sell, buy, or be in possession of any firearm on which the permanent serial number, manufacturer's identification plate, or other permanent distinguishing number or identification mark has been altered, defaced, destroyed, or removed for the purpose of concealing or misrepresenting the identity of the firearm.
(c) A violation of any of the provisions of this section shall be a Class H felony. (2009‑204, s. 2.)
I'm sure there are a few LEOs and maybe even a few overzealous DAs in the "anti" counties like Wake that would try to include temporarily covered SNs under this statute, but it simply wouldn't stand in court. It clearly says, much like the Federal Code, that you have to alter, deface, destroy, or remove a SN to be in violation. Putting tape or grips, or even bolting a small brass plate over top of the SN does not meet the requirements of this statute.
It just makes it more difficult for an over-reaching LEO to illegally run your number and enter your info into E-Trace, and there is NOTHING illegal in preventing another person from committing an illegal, unconstitutional act.
In fact, covering our SN's is, if you believe in the 4th Amendment, could be considered as part of our DUTY as citizens who are trying to uphold the Constitution, and hold our public officials to their Oaths to do the same, because it deters illegal searches...