NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is obliterated serial number charges
|Thanks for visiting Spodek Law Group – we understand you’re researching obliterated serial number charges, and that typically means you or someone you care about is facing federal firearms prosecution. At Spodek Law Group, we’re a second-generation law firm managed by Todd Spodek with over 40 years of combined experience handling the most complicated federal cases – including cases others said were unwinnable. We’ve represented clients in matters that captured national attention, like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct case, and the Alec Baldwin stalking case. This article explains what obliterated serial number charges are under federal law, what penalties you’re facing, and why federal prosecutors are pursuing these cases aggressively in 2025.
Obliterated serial number charges fall under 18 U.S.C. § 922(k), which makes it a federal crime to knowingly transport, ship, receive, or possess any firearm that has had the manufacturer’s or importer’s serial number removed, obliterated, or altered – and that firearm traveled in interstate commerce at some point. The government doesn’t need to prove you removed the serial number yourself. They only need to prove you knowingly possessed a gun with no readable serial number.
What counts as “obliterated” changed recently. Federal courts were split for years – some circuits said a serial number only counts as altered if it’s completely illegible to the naked eye, while others said any modification that makes it “less legible” triggers the enhancement. The 2024 amendment to the sentencing guidelines settled this – now the serial number must be “modified such that the original information is rendered illegible or unrecognizable to the unaided eye.” If you can still read it without special equipment, it’s not obliterated under the current standard.
Ghost guns – firearms without any serial numbers from the factory – exploded in federal prosecutions over the past few years. These are often built from kits or 3D-printed, never stamped with identifying marks. In March 2025, the Supreme Court upheld ATF regulations on ghost guns in a 7-2 decision in Bondi v. VanDerStok, which means the federal government has full authority to regulate unserialized firearms. Federal prosecutors are using this ruling to pursue obliterated serial number cases more aggressively than ever.
The maximum penalty for violating 18 U.S.C. § 922(k) is five years in federal prison. But that’s just the statutory maximum – your actual sentence depends on the federal sentencing guidelines. Under sentencing guideline §2K2.1(b)(4)(B), possessing a firearm with an obliterated serial number triggers a 4-level enhancement to your base offense level. Four levels can mean years of additional prison time depending on where you start. If you have prior convictions – especially violent crimes or other gun charges – your criminal history category drives your guideline range even higher.
Real cases from 2025 show how federal judges sentence these charges. In January 2025, a Whittier man got 121 months – over 10 years for selling ghost guns and firearms with obliterated serial numbers through Instagram. A D.C. felon received 57 months for possessing a ghost gun with no serial number. A Long Island trafficker got 46 months for selling guns including one with an obliterated serial number. These aren’t slaps on the wrist – federal judges are imposing serious prison time, especially when charges stack with felon in possession or unlicensed dealing.
One critical element prosecutors must prove is knowledge. You must have knowingly possessed the firearm with the understanding that the serial number was removed or altered. If you genuinely didn’t know – maybe you bought the gun from someone who didn’t disclose it, or the serial number was on a part you never examined – lack of knowledge is a viable defense. But “I didn’t know” only works if it’s credible. If you filed off the serial number yourself, or bought the gun in a back-alley deal for half price with no paperwork, federal prosecutors will shred your defense at trial.
There’s a proposed 2025 amendment to the sentencing guidelines that would formally require prosecutors to prove you knew about the obliterated serial number before the 4-level enhancement applies. Right now, different circuits handle this differently. If this amendment passes, it could help defendants who possessed firearms without realizing the serial numbers were altered.
These charges rarely come alone. Federal prosecutors stack them with felon in possession under 18 U.S.C. § 922(g), possession during a drug crime under 18 U.S.C. § 924(c), unlicensed dealing, or unregistered NFA weapons. Each additional charge increases your guideline range and exposure.
Why are federal prosecutors pursuing these cases so hard in 2025? Obliterated serial numbers make firearms untraceable – investigators can’t track the gun back to the original purchaser, can’t connect it to other crimes. When police recover a gun and the serial number is gone, that investigation hits a dead end. The ATF’s National Tracing Center processes hundreds of thousands of trace requests every year, and obliterated serial numbers destroy their ability to solve violent crimes. Federal prosecutors view obliterated serial numbers as evidence of consciousness of guilt.
ATF has forensic techniques to recover obliterated serial numbers – chemical etching, magnetic particle inspection, ultrasonic testing. The stamping process compresses metal beneath the surface, creating density variations that survive filing. If ATF successfully recovers your gun’s serial number and traces it to prior crimes or a straw buyer, your case just got much worse.
Sentencing depends heavily on your criminal history. First-time offenders might see a guidelines range in the 12-18 month zone, possibly eligible for alternatives to incarceration. But if you’re a prohibited person with prior felony convictions, your criminal history category jumps to IV, V, or VI – suddenly the same offense carries a guideline range of 57-71 months or higher.
At Spodek Law Group – our attorneys understand how to challenge these cases at every stage. We examine the search that led to finding the firearm, challenge whether the government can prove knowledge, and investigate where you obtained the gun. We’ve handled federal firearms cases across the country, and we know which arguments work with federal prosecutors and which work at trial. Our firm has been representing clients since 1976 – nearly 50 years of experience.
One thing defendants get wrong – they think cooperating with ATF will make the charges go away. What actually happens is you give prosecutors a recorded confession and evidence to use against you at trial. Talking to federal agents without a lawyer turns a defensible case into a conviction.
Our managing partner Todd Spodek is a second-generation criminal defense lawyer who grew up watching his father try cases. He spent years working as a file clerk and paralegal on multi-defendant federal cases before becoming an attorney – that hands-on experience taught him how the government builds cases and how to take them apart.
If you’re facing obliterated serial number charges or any other federal firearms prosecution, contact Spodek Law Group immediately. We’re available 24/7 and handle cases coast to coast. Federal prosecutors have enormous resources – ATF agents, forensic labs, firearms experts. You need a defense team that matches their capabilities. Many of our clients come to us after other firms told them their cases were hopeless – and we’ve built our reputation by proving those firms wrong.