Altered Serial Numbers & Ghost Guns in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Florida: Section 790.27 (Instruction 10.18)

Altering or removing a serial number (Elements). The State must prove:

1. The defendant knowingly altered or removed the manufacturer's or importer's serial number from a firearm.
2. The defendant did so with the intent to disguise the true identity of the firearm.

Third-degree felony (up to 5 years).

Possessing, selling, or delivering a gun with an altered or removed number. The State must prove:

1. The defendant knowingly sold, delivered, or possessed a firearm.
2. The manufacturer's or importer's serial number had been unlawfully altered or removed.
3. The defendant knew the serial number had been altered or removed.

First-degree misdemeanor (up to 1 year). The section does not apply to antique firearms.

Possession means the person knew the firearm existed and intentionally exercised control over it. Under the instruction, being near a gun is not enough without more evidence, and possession can be shared.

Federal Law

• Ordinary guns (18 U.S.C. § 922(k)): knowingly possessing or receiving a firearm whose manufacturer's or importer's serial number was removed, obliterated, or altered, if the gun has moved in interstate or foreign commerce, or transporting, shipping, or receiving one in commerce. Up to 5 years.
• NFA weapons with an altered number (26 U.S.C. § 5861(h); Pattern Instr. O106.2, Elements): the defendant knowingly possessed the firearm, its serial number had been obliterated or altered, and the defendant knew it. Up to 10 years.
• NFA weapons with no serial number (26 U.S.C. § 5861(i); Pattern Instr. O106.3, Elements): the defendant knowingly possessed the firearm, it had no serial number, and the defendant knew it. Up to 10 years.

"NFA weapons" means items such as machine guns, silencers, and short-barreled rifles and shotguns. See Machine Guns & NFA Firearms.

What About "Ghost Guns"?

Whether a homemade or unserialized gun is a crime depends on the facts:

• Who has it. A person barred from having guns (for example, because of a felony conviction) commits a crime by possessing any firearm, serialized or not. See Gun & Weapons Charges.
• What it is. An unserialized machine gun, silencer, or short-barreled weapon falls under the NFA laws above.
• Whether it is being sold. Making and selling guns as a business brings licensing laws into play. See Dealing Firearms Without a License.

Federal rules on gun kits and unfinished frames and receivers have been the subject of recent regulation and court challenges. Get advice on the current rules for your situation.

Defense Themes

• Knowledge. Did the person know the number had been altered? A used gun bought secondhand may have been altered long before.
• Intent to disguise. The felony requires intent to disguise the gun's identity.
• Was it altered, or just worn? Damage, corrosion, or wear is not the same as unlawful alteration.
• Possession and the search. See Motions to Suppress.

What to Do First

1. Don't explain where the gun came from without a lawyer.
2. Don't try to restore, repair, or get rid of the gun.
3. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I bought the gun used and didn't notice the number. Am I guilty?

Florida's possession offense requires that you knew the number had been altered or removed. That knowledge must be proven.

Is it legal to build my own gun?

It depends on who you are, what you build, and whether you sell it. Talk to a lawyer before you build, buy a kit, or sell.