United States of America v. Adam Gomez

Syracuse, New York, criminal defense lawyer represented the Defendant charged with possession of firearm with obliterated serial number.



AI Overview



Possession of a firearm with an obliterated serial number is illegal under federal and state laws, though some federal challenges are ongoing.



Generally, the law prohibits knowingly possessing, receiving, or transporting a firearm where the serial number has been intentionally removed, defaced, or altered. Penalties vary by jurisdiction but can include imprisonment and fines. Some jurisdictions also require proof of intent, and natural corrosion is not typically considered "obliteration".

Federal and State Laws



Federal: It is illegal under federal law to knowingly ship, transport, or receive a firearm with an altered or removed serial number in interstate or foreign commerce.



State: Many states have their own laws that mirror federal law, making it illegal to possess, deface, or alter a firearm's serial number.



Penalties



Federal: Penalties for federal violations can include fines and imprisonment for up to five or ten years.

State: Penalties vary by state, but can range from fines to imprisonment in state or county jail.



Key Considerations



Intent: Some states, like Oklahoma, require that the serial number be intentionally altered, defaced, or removed. Simply possessing a firearm with a faded serial number due to natural corrosion is not considered a violation.



Knowingly: Federal law specifies that the act must be done "knowingly," meaning you must be aware that the serial number is altered or removed.



Ongoing Challenges: Some federal and state laws have faced legal challenges based on Second Amendment arguments. A recent Fourth Circuit ruling found that a firearm with an obliterated serial number is not a weapon in "common use" for lawful purposes, suggesting such laws may be constitutional.



How to stay informed



Stay informed about legal challenges: The legal landscape is changing, so it's important to stay informed about ongoing legal challenges to these laws.



Consult with legal counsel: If you have questions about specific state or federal laws, consult with a qualified attorney.

Defendant sentenced on Count 2 to a term of imprisonment of 11 months, to be followed by a term of supervised release of 3 years.