Moreover, because a firearm is made up of components that are interchangeable, if even one of the serial numbers is altered, it could make it more difficult to trace. The Court first noted that the language of the enhancement refers to “an” altered or obliterated serial number and does not require that all of the numbers be altered or obliterated. The Second Circuit had not previously construed the meaning of the phrase “an altered or obliterated serial number” or considered whether the sentencing enhancement applied if at least one of the serial numbers on a firearm is clearly legible. Hilaire appealed, challenging the four-level sentence enhancement on the grounds that one legible serial number on the firearm renders the enhancement inapplicable. Hilaire to a below-Guidelines sentence of 60 months’ imprisonment and three years’ supervised release. The court applied the enhancement, finding that the serial number was not visible to the naked eye and therefore had been “altered,” as that term was intended under the Guidelines. Hilaire objected to the enhancement, pointing to the fact that at least one of the serial numbers was clearly legible and that by comparing the three serial numbers, one could determine they were all the same.īecause the Second Circuit had never interpreted what it means for a serial number to be “altered or obliterated” pursuant to the Guidelines, the district court looked to the case law of other circuits for guidance. Hilaire at a total offense level of 25 and, with a criminal history category IV, the advisory guidelines range was 84-105 months’ imprisonment. The presentence report applied a four-level sentencing enhancement for possessing a firearm with “an altered or obliterated serial number,” pursuant to U.S.S.G. One of the numbers was slightly scratched but clearly legible another was scratched but still showed most of the characters clearly and a third was so heavily scratched that some of the numbers were not clear.

Hilaire bore three different serial numbers, each on different components of the weapon. Hilaire pled guilty and was sentenced in the United States District Court for the Eastern District of New York. Hilaire had been convicted of two state felonies, he was charged with one count of possessing a firearm as a previously convicted felon, in violation of 18 U.S.C. Hilaire was arrested in November 2017 and a protective frisk uncovered a semiautomatic pistol.

§ 922(k)), which is meant to punish those who possess untraceable firearms. The appeal raises an interesting question about the purpose behind this enhancement (and the underlying statute, 18 U.S.C.

Hilaire, 19-640 (May 21, 2020), the Second Circuit (Jacobs, Calabresi, Chin) affirmed a sentencing enhancement for possessing a firearm with an altered serial number, even though at least one of the serial numbers on the weapon was legible.

Antique firearm serial numbers