Kutter:
While your disposition description above is accurate it really applies to someone who has a license. I don't think that's the case with the person who started this thread. If this Colt is as I expect an old unregistered C&R firearm in the possesion of someone without a license he can do whatever he want's with it.
However if he sells it to a licensed dealer I would think most would enter the serial # into their records to be on the safe side. It would be interesting if one of the dealers who posts here would comment from their perspective of handling this.
Jim
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I am an FFL dealer (for the last 35 years) and that is how you deal with the situation. An unlicensed person who attempts to transfer the firearm to another plays by the same rules with the addition of the FFL involved where necessary. GCA68 was written as the law of the land for everyone. It's not just an FFL dealers/gunsmiths handbook. There is no such thing as just an 'old unregistered C&R firearm' that falls outside of the purview of the BATFE and the Federal Firearms Laws. The original question was about the transfer of a damaged firearm (handgun)to another person by shipping it to them. That's BATFE territory. Determining the serviceability of the gun is key to this and the BATFE sets that criteria,,no one else. That's why this concerns them.
The info I quoted is what the GCA lists as their definition as 'unserviceable. The more recent BATFE ruleing included language on what a FFL/gunsmith need to do to satisfy the BATFE definition of 'unserviceable'. Other than NFA/Importation rulings for those types of weapons, there are no other definitions of 'unserviceable' that I'm aware of.
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If someone really cares enough to get an opinion from the BATFE, contact the Technologies Branch with some pics of the thing and they'll tell you. They are the only/last/and final word on these things. Next stop is the court room ..
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And. yes, if an FFL were to have that pistol come into their possession, it would deffinetly have to be logged into their book as it is still a firearm, although damaged. Ruling# 76-25 addressed that.
