Penal Code § 23900 PC - Changing a Gun’s Identifying Information
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1. What is Penal Code § 23900 PC?
Penal Code § 23900 PC Law Reads As Followed:
Any person who changes, alters, removes, or obliterates the name of the maker, model, manufacturer’s number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, on any pistol, revolver, or any other firearm, without first having secured written permission from the department to make that change, alteration, or removal shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.
2. What Are Examples of Penal Code § 23900 PC?
California Penal Code § 23900 PC makes it a felony to alter, remove, or obscure the identifying information on a firearm, such as the serial number, manufacturer’s name, or any other markings assigned by the Department of Justice (DOJ). The purpose of this law is to prevent illegal activities associated with untraceable firearms, often referred to as “ghost guns.” Below are examples of situations that could violate Penal Code § 23900 PC, along with explanations of why they qualify as violations.
1. Filing Off a Serial Number
A person purchases a firearm from a private seller and decides to file off the serial number to prevent law enforcement from tracing the gun.
Why It Violates Penal Code § 23900 PC:
Filing off the serial number obscures the firearm’s identifying information, making it difficult for authorities to trace its origin or use in a crime. This act is a clear violation of the statute.
2. Painting Over the Serial Number
A firearm owner applies a thick coat of paint over the gun’s serial number to hide it from view.
Why It Violates Penal Code § 23900 PC:
Even though the serial number remains intact underneath the paint, the deliberate attempt to conceal the identifying information violates the law.
3. Replacing Manufacturer Markings
A person removes the manufacturer’s name and model number from a firearm and engraves custom designs in their place.
Why It Violates Penal Code § 23900 PC:
Altering or removing the original markings without DOJ authorization is prohibited, regardless of the owner’s intent.
4. Using Tools to Damage Identifying Marks
An individual uses a metal grinder to deface the firearm’s model number and serial number, making them illegible.
Why It Violates Penal Code § 23900 PC:
Intentionally damaging or defacing identifying information on a firearm is explicitly prohibited under Penal Code § 23900 PC.
5. Accidental Alteration Without DOJ Permission
A hunter uses a firearm for outdoor activities and accidentally scratches the serial number while cleaning the weapon. Instead of notifying authorities or seeking DOJ authorization, they attempt to cover the damage with additional scratches to hide the number entirely.
Why It Violates Penal Code § 23900 PC:
Even accidental damage can result in charges if the firearm’s identifying information becomes unreadable and the individual fails to obtain written permission from the DOJ to address the issue.
6. Replacing a Serial Number with a Fake One
A person obtains an unregistered firearm and etches a fake serial number onto it to make it appear legitimate.
Why It Violates Penal Code § 23900 PC:
Assigning a new serial number to a firearm without DOJ approval is unlawful and falls under the prohibition against altering identifying information.
7. Modifying a Firearm to Evade Detection
A criminal modifies a firearm by removing all identifying information to make it untraceable after using it in a crime.
Why It Violates Penal Code § 23900 PC:
Deliberately altering a firearm’s identifying information with the intent to evade law enforcement is a blatant violation of Penal Code § 23900 PC.
8. Unlicensed Gun Restoration
A person restores an old firearm by replacing damaged parts and, in the process, removes the original serial number. They fail to obtain written permission from the DOJ to make these modifications.
Why It Violates Penal Code § 23900 PC:
Even in restoration projects, altering or removing identifying information requires prior written authorization from the DOJ.
3. What are Common Defenses Against Penal Code § 23900 PC?
California Penal Code § 23900 PC makes it a felony to alter, remove, or obliterate identifying information on a firearm, such as the serial number, manufacturer’s name, or model. However, not every allegation of violating this statute results in a conviction. There are several valid defenses that an experienced criminal defense attorney can use to challenge the charges, depending on the circumstances of the case.
Below, we’ll discuss the most common defenses against Penal Code § 23900 PC charges and how they may apply to your case.
1. No Intent to Alter or Remove Identifying Information
One of the key elements of Penal Code § 23900 PC is that the defendant intentionally altered or removed the identifying information on a firearm. If the prosecution cannot prove intent, you cannot be convicted.
Defense Strategy:
Your attorney can argue that the alteration was accidental or unintentional. For example, you may have damaged the firearm’s identifying information while cleaning, repairing, or restoring the weapon without realizing the consequences.Example:
A hunter unintentionally scratches off part of the serial number while cleaning their rifle. Since there was no intent to alter the identifying information, they may avoid conviction under Penal Code § 23900 PC.
2. Written Permission from the Department of Justice
Penal Code § 23900 PC includes a provision allowing individuals to modify or alter a firearm’s identifying information if they first obtain written authorization from the California Department of Justice (DOJ). If you had such permission, you are not in violation of the law.
Defense Strategy:
Your attorney can present documentation or records showing that the DOJ approved the changes you made to the firearm.Example:
A firearm collector receives written DOJ authorization to replace the serial number on a rare antique firearm that has become illegible over time. If charged, this documentation serves as a valid defense.
A conviction under Penal Code § 23900 PC requires that the defendant knew the firearm’s identifying information was altered or removed. If you were unaware of the changes, you cannot be held responsible.
Defense Strategy:
Your attorney can demonstrate that you did not know the firearm’s identifying information had been altered or removed. This often applies in cases where someone else modified the firearm without your knowledge.Example:
You purchase a used firearm from a private seller without realizing the serial number had been filed off. Since you had no knowledge of the alteration, you have a strong defense against the charges.
4. Insufficient Evidence
The prosecution bears the burden of proving beyond a reasonable doubt that you committed the offense. If there is insufficient evidence to establish that you altered or removed the firearm’s identifying information, the charges cannot stand.
Defense Strategy:
Your attorney can challenge the evidence presented by the prosecution, such as forensic reports, witness testimony, or circumstantial evidence, to create reasonable doubt.Example:
The prosecution claims you altered the identifying information, but no physical evidence links you to the modification, and no witnesses saw you handle the firearm.
5. Mistaken Identity
In some cases, individuals may be wrongfully accused of altering a firearm’s identifying information. If there is evidence that someone else committed the offense, this could serve as a strong defense.
Defense Strategy:
Your attorney can argue that you were falsely accused or that another person was responsible for modifying the firearm. Evidence such as alibi witnesses, surveillance footage, or forensic analysis can support this defense.Example:
Law enforcement finds a firearm with a scratched-off serial number in your home, but it belongs to a roommate who admits to altering it.
6. Illegal Search and Seizure
If law enforcement officers obtained evidence of the firearm through an unlawful search or seizure, your Fourth Amendment rights may have been violated. Evidence obtained in violation of your constitutional rights can often be suppressed, meaning it cannot be used against you in court.
Defense Strategy:
Your attorney can file a motion to suppress evidence, arguing that the police conducted an illegal search or seized the firearm without probable cause or a valid warrant.Example:
Police enter your home without a warrant and find a firearm with altered identifying information. If the search was unlawful, the firearm cannot be used as evidence, and the case against you may be dismissed.
7. The Firearm Does Not Meet the Legal Definition
Not all weapons qualify as “firearms” under California law. For example, BB guns and pellet guns are not considered firearms because they do not discharge projectiles through combustion. If the alleged firearm in your case does not meet the legal definition, you cannot be convicted under Penal Code § 23900 PC.
Defense Strategy:
Your attorney can argue that the weapon in question does not qualify as a firearm under California law, making Penal Code § 23900 PC inapplicable.Example:
A BB gun with its identifying information removed does not qualify as a firearm, so you cannot be charged under this statute.
8. Alteration Was Done Before You Owned the Firearm
If the firearm’s identifying information was altered or removed before it came into your possession, you cannot be held liable for the violation.
Defense Strategy:
Your attorney can provide evidence showing that the firearm was purchased or acquired in its altered state and that you were not involved in the modification.Example:
You buy a used handgun at a gun show, unaware that its serial number had been filed off by the previous owner. You cannot be convicted if you had no involvement in the alteration.
9. The Identifying Information Was Still Legible
Penal Code § 23900 PC applies only when the identifying information on a firearm is changed, altered, removed, or obliterated to the point where it cannot be used to identify the weapon. If the identifying marks remain legible, you may have a valid defense.
Defense Strategy:
Your attorney can argue that the firearm’s identifying information was still intact and readable, making the charges invalid.Example:
The firearm has a scratched serial number, but the number is still legible enough for law enforcement to trace it. This could serve as a defense against the charges.
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4. What are The Penalties for Violating Penal Code § 23900 PC?
California Penal Code § 23900 PC makes it illegal to alter, remove, or obliterate a firearm’s identifying information, such as the serial number, manufacturer’s name, or model number, without prior written authorization from the Department of Justice (DOJ). Violating this law is a serious felony offense in California, with significant penalties that reflect the gravity of tampering with a firearm’s traceability.
In this article, we explore the penalties associated with Penal Code § 23900 PC and additional consequences that may impact individuals convicted under this statute.
Penalties for Violating Penal Code § 23900 PC
A violation of Penal Code § 23900 PC is classified as a felony in California. This felony status subjects offenders to the following penalties:
1. Incarceration
Prison Sentence:
Offenders may face a sentence of:
16 months,
2 years, or
3 years in county jail under California’s realignment program (per Penal Code § 1170(h)).
2. Fines
Maximum Fine:
A conviction may result in fines of up to $10,000.
3. Felony Conviction Consequences
A felony conviction under Penal Code § 23900 PC carries several long-term consequences, including:
Loss of Firearm Rights:
Convicted individuals lose their right to own, possess, or purchase firearms under California law. This is a lifetime prohibition unless the conviction is reduced or expunged under specific circumstances.
Criminal Record:
A felony conviction creates a permanent criminal record, which may impact future employment, housing opportunities, and professional licenses.
Immigration Consequences:
Non-U.S. citizens convicted under Penal Code § 23900 PC may face deportation or be deemed inadmissible to the United States, as firearms-related offenses are considered aggravated felonies under federal immigration law.
Aggravating Factors That May Increase Penalties
Certain circumstances may result in harsher penalties for violating Penal Code § 23900 PC:
Possession of an Altered Firearm in Connection with a Crime
If the altered firearm is used or found in connection with another crime, such as robbery or assault, additional charges and penalties may apply.
For example, using a firearm with removed identifying marks during a robbery could result in enhanced sentencing under California’s gun-related crime laws.
Prior Convictions
If the offender has prior felony convictions, they may face increased sentences or enhanced penalties under California’s Three Strikes Law.
Criminal Intent
Altering a firearm’s identifying information with the intent to commit or conceal a crime (e.g., to make the firearm untraceable) may result in additional charges and a harsher sentence.
Additional Consequences
Beyond the formal penalties, individuals convicted under Penal Code § 23900 PC may face additional repercussions, including:
1. Difficulty Finding Employment
A felony conviction can make it challenging to find jobs, particularly in industries that require background checks or security clearances.
2. Professional Licensing Issues
Many professional licenses, including those for healthcare providers, contractors, and security personnel, may be revoked or denied due to a felony conviction.
3. Civil Lawsuits
In some cases, the owner of a firearm that has been tampered with may file a civil lawsuit against the offender for damages or losses associated with the altered weapon.
Can You Avoid the Penalties?
While the penalties for violating Penal Code § 23900 PC are severe, it is possible to avoid conviction or reduce the severity of the consequences with the right legal defense. Common defenses include:
Lack of Intent: The alteration was accidental or unintentional.
Lack of Knowledge: You were unaware the firearm’s identifying information had been altered or removed.
Permission from the DOJ: You had prior written authorization from the Department of Justice.
Illegal Search and Seizure: Law enforcement violated your constitutional rights, making the evidence inadmissible in court.
5. What Are the Related Offenses To Penal Code § 23900 PC?
California Penal Code § 23900 PC makes it a felony to alter, remove, or obliterate a firearm’s identifying information, such as the serial number or manufacturer’s marks. While this statute specifically addresses the tampering of firearm markings, there are several related offenses under California law that often accompany or overlap with violations of Penal Code § 23900 PC. These offenses are also serious crimes with substantial penalties.
In this article, we explore the most common related offenses to Penal Code § 23900 PC and how they interact with California’s firearm laws.
1. Penal Code § 25400 PC – Carrying a Concealed Firearm
Carrying a concealed firearm is illegal in California without a valid concealed carry permit. If a firearm with altered or removed identifying information is concealed on a person or in a vehicle, the individual may face additional charges under Penal Code § 25400 PC.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months, 2 years, or 3 years in county jail if aggravating circumstances exist (e.g., the firearm was stolen or the person is prohibited from possessing a gun).
Connection to PC § 23900:
Altering a gun’s identifying information is often done to avoid detection while unlawfully carrying the weapon.
2. Penal Code § 25850 PC – Carrying a Loaded Firearm in Public
California Penal Code § 25850 PC prohibits carrying a loaded firearm in public, either on your person or in a vehicle. If the firearm has altered or removed identifying marks, the charge under Penal Code § 25850 PC can be combined with a violation of Penal Code § 23900 PC.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Up to 3 years in county jail, depending on prior convictions or other aggravating factors.
Connection to PC § 23900:
A loaded firearm with obliterated serial numbers may indicate criminal intent, such as using the gun in an unlawful act.
3. Penal Code § 27545 PC – Unlawful Transfer of a Firearm
Penal Code § 27545 PC makes it a crime to sell, transfer, or give away a firearm without completing the transaction through a licensed dealer or meeting the required legal protocols. Firearms with altered identifying marks are often tied to illegal transactions.
Penalties:
Misdemeanor: Up to 6 months in jail.
Felony (if aggravating circumstances exist): 16 months, 2 years, or 3 years in county jail.
Connection to PC § 23900:
Removing or altering serial numbers is often done to facilitate untraceable, illegal firearm sales or transfers.
4. Penal Code § 27510 PC – Selling Firearms to Minors
Under Penal Code § 27510 PC, it is illegal to sell, lease, or transfer a firearm to a person under the age of 21, except for specific exemptions (e.g., active military or law enforcement personnel).
Penalties:
Misdemeanor or felony, depending on the circumstances, with penalties ranging from 1 year in jail to 3 years in prison.
Connection to PC § 23900:
Firearms with altered identifying information are sometimes sold to minors or others who are prohibited from owning guns.
5. Penal Code § 26500 PC – Unlicensed Sale of Firearms
Penal Code § 26500 PC prohibits selling, leasing, or transferring firearms without a valid California firearm dealer’s license. A person altering a firearm’s identifying information may also be involved in the illegal sale of firearms.
Penalties:
Misdemeanor: Up to 6 months in jail and/or a fine of up to $1,000.
Connection to PC § 23900:
Firearms with tampered serial numbers are commonly associated with unlicensed firearm transactions.
6. Penal Code § 16590 PC – Possession of a Prohibited Weapon
Under Penal Code § 16590 PC, it is illegal to manufacture, possess, sell, or transfer specific prohibited weapons, such as short-barreled rifles, short-barreled shotguns, and undetectable firearms. If a prohibited weapon also has altered identifying marks, additional charges may apply.
Penalties:
Felony: 16 months, 2 years, or 3 years in county jail and fines of up to $10,000.
Connection to PC § 23900:
Altering a firearm’s identifying information is often linked to the illegal possession or distribution of prohibited weapons.
7. Penal Code § 29800 PC – Felon in Possession of a Firearm
Penal Code § 29800 PC makes it illegal for anyone convicted of a felony or certain misdemeanors to own or possess a firearm. If the firearm’s identifying information has been altered, the individual could face additional charges under Penal Code § 23900 PC.
Penalties:
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to PC § 23900:
Felons often alter or remove firearm serial numbers to avoid detection or prosecution for illegal possession.
8. Penal Code § 417 PC – Brandishing a Weapon
Under Penal Code § 417 PC, it is illegal to draw, exhibit, or use a firearm in a threatening manner. If the weapon involved has its identifying information altered, the individual may face both brandishing and firearm tampering charges.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony (if done in the presence of law enforcement or on school grounds): Up to 3 years in state prison.
Connection to PC § 23900:
A person who brandishes a firearm with removed or altered serial numbers demonstrates criminal intent and may face enhanced charges.
9. Penal Code § 246 PC – Shooting at an Inhabited Dwelling
Penal Code § 246 PC makes it a felony to shoot at an inhabited dwelling, vehicle, or aircraft. If the firearm used in the offense has been altered to obscure its identifying information, the defendant could face charges for both the shooting and the tampering.
Penalties:
Felony: 6 months to 7 years in state prison.
Connection to PC § 23900:
A firearm with altered serial numbers is often linked to efforts to conceal involvement in violent crimes, such as shootings.
10. Penal Code § 182 PC – Conspiracy
If two or more individuals conspire to alter or remove identifying marks on a firearm as part of a larger criminal plan (e.g., illegal sales or violent crimes), they may face conspiracy charges under Penal Code § 182 PC.
Penalties:
Felony: Penalties depend on the underlying crime, often mirroring the punishment for the primary offense.
Connection to PC § 23900:
Conspiring to alter firearm information can compound charges and result in harsher penalties.
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