Serial Numbers

[ErSwnn]

Does anyone know when S/N became mandatory? Specifically I'm looking for some idea of the age of an H&R Topper I bought today, it has no S/N so I figure it's old. But in damn fine shape! I'm having no luck in either first manufacture date of the Topper or when S/N began by law.

The shop, Pistol People, was going crazy we both figured with the condition the gun had to be fairly new. But the bound book confirmed no S/N. This was one of those rare finds, an older gun in perfect condition. I passed on several beaters for 80ish bucks, this was 95+tax, tag & title and a free box of shells.

[Wiley-X]

I believe that it was in 1968 with the passage of GCA '68. Of course, I may be wrong.

[LittleRedToyota]

actually, S/Ns started to be required on most guns in 1958.

the federal firearms act of 1938 provided the IRS with the authority to require them. but, they were never actually required until 1958.

[ErSwnn]

Wow!, I might have gotten ahold of a gun as old as myself here. Now to find out when the Topper was introduced to give the range of possible age. I'll send off an email to H&R. I made the tentative assumption of pre 1968 but had no clear idea on legal requirement. Thank you both for the input.

I took it to the range tonight, it functions perfectly. Now knowing it's approximate date, at least 51 years old, gives me even more affection for it. It was very well taken care of, seems to have been fired very little. I found some tiny nicks, finish scrapes really, on the stock. Nothing else seems to have any wear. It must have been stored well. The receiver looks like it just came from the factory. Though not an expensive gun, not particularly collectible, not fancy or ornate...I think I have another one that stands out as a favorite. Lets see how it works for trap and consumate the affair.

[ErSwnn]

Originally Posted by LittleRedToyota

actually, S/Ns started to be required on most guns in 1958.

the federal firearms act of 1938 provided the IRS with the authority to require them. but, they were never actually required until 1958.

Now that's just bizarre. The IRS having the authority to require S/Ns on firearms. I can see ATF but not IRS. I'm guessing so as to track sales for tax collection purposes. The wandering ADHD mind of our government never ceases to amaze me.

[Wiley-X]

Originally Posted by LittleRedToyota

actually, S/Ns started to be required on most guns in 1958.

the federal firearms act of 1938 provided the IRS with the authority to require them. but, they were never actually required until 1958.

Learn something new everyday.

[JayBell]

Originally Posted by Wiley-X

Learn something new everyday.

err, actually no, it was the GCA of 68 that REQUIRED serial numbers on everything in the USA, FFLs first showed up in 1938.

there was no 1958 requirement on Serial #s, IRS or not...

1938
The Federal Firearms Act of 1938 places the first limitations on selling ordinary firearms. Persons selling guns are required to obtain a Federal Firearms License, at an annual cost of $1, and to maintain records of the name and address of persons to whom firearms are sold. Gun sales to persons convicted of violent felonies were prohibited.

1968
The Gun Control Act of 1968 - "...was enacted for the purpose of keeping firearms out of the hands of those not legally entitled to possess them because of age, criminal background, or incompetence." -- Bureau of Alcohol, Tobacco, and Firearms The Act regulates imported guns, expands the gun-dealer licensing and record keeping requirements, and places specific limitations on the sale of handguns. The list of persons banned from buying guns is expanded to include persons convicted of any non-business related felony, persons found to be mentally incompetent, and users of illegal drugs.

[Kramer]

Thanks Jay, I thought that I was going to give him the smack down!

[LittleRedToyota]

Originally Posted by JayBell

err, actually no, it was the GCA of 68 that REQUIRED serial numbers on everything in the USA, FFLs first showed up in 1938.

there was no 1958 requirement on Serial #s, IRS or not...

yes, there was.

see: http://www.saf.org/LawReviews/Zimring68.htm

Journal of Legal Studies
4 (1975): 133.
Posted for Educational use only. The printed edition remains canonical. For citational use please visit the local law library or obtain a back issue.

FIREARMS AND FEDERAL LAW: THE GUN CONTROL ACT OF 1968

FRANKLIN E. ZIMRING*
...

In 1957 the Commissioner of Internal Revenue proposed a number of changes in the regulations governing the manufacture and sale of firearms [Page 144] under the F.F.A., including a serial number requirement for all firearms, a rule requiring that "permanent" dealer-records be maintained permanently rather than the six years provided in the earlier regulations, and a series of changes in the type of records that dealers were required to keep.[64] The proposals, encountered stiff opposition from industry and gun-user groups, and the regulations adopted in 1958 were somewhat less ambitious: the record requirement was set at ten years, and serial numbers were required for all firearms except .22-caliber rifles.[65] More important than the details of these regulations was the continued low profile maintained by the Internal Revenue Service in the enforcement of the Act, and the lack of any evident pressure on the Service or on the Congress for more stringent controls. While rates of violence remained high in the United States in comparison with other western industrial countries, violent crime rates were at far lower levels than had been experienced in the 1920s and ‘30s, and the public fear of crime had diminished to levels that, in hindsight, symbolized domestic tranquility.

...

The Commissioner of Internal Revenue had been designated by the Secretary of the Treasury to promulgate regulations to facilitate the enforcement of the Act, but the regulations governing administration of the F.F.A.[46] fell far short of the powers delegated by Congress. Under the act, dealers were required to maintain "permanent records"[47] of firearms transactions; under the regulations in effect until 1958 records had to be maintained for six years (ten years after 1958),[48] and there was very little effective policing of dealer compliance with the record-keeping provisions.[49] The F.F.A. regulations did not require serial numbers on firearms (necessary to identify a particular gun as having been the subject of a transaction) until 1958, and then exempted .22-caliber rifles from the serial number requirement. More significantly, no attempt was made to end by regulation the immunity from prosecution enjoyed by dealers because they did not have to verify the eligibility of their customers. Vale it was probably beyond the rule-making power delegated by the Act to impose a waiting period or the compulsory notification of police departments as to firearms transactions, it could easily have been considered within the Commissioner’s authority to require transferees to positively identify themselves.[50] Indeed, it is a fascinating exercise to debate how many of the changes brought about by the Gun Control Act of 1968 could have been accomplished by rule-making power under the Federal Firearms Act of 1938 and other prior federal laws.[51] [Page 142]

[LittleRedToyota]

Originally Posted by ErSwnn

Now that's just bizarre. The IRS having the authority to require S/Ns on firearms. I can see ATF but not IRS. I'm guessing so as to track sales for tax collection purposes. The wandering ADHD mind of our government never ceases to amaze me.

the ATF started out life as a division of the IRS.

http://en.wikipedia.org/wiki/Bureau_...and_Explosives.