Altering or Removing a Firearm’s Identification Marks in California – Penal Code 23900
California treats crimes involving firearms with extreme seriousness, and that includes not just illegal possession or use—but also tampering with a firearm’s identifying marks. Under Penal Code 23900 PC, it’s a felony to alter, remove, obliterate, or destroy a firearm’s serial number or any other identifying information.
Whether you’re a gun owner, collector, or simply someone who has come into possession of a firearm, understanding PC 23900 is crucial. The consequences of a conviction include years in state prison, heavy fines, and a permanent felony record.
What Does Penal Code § 23900 Prohibit?
“Change, alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark of identification on any firearm.”
This statute doesn’t just apply to removing a gun’s serial number. It also includes:
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Filing down or scratching off model numbers
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Replacing firearm parts to conceal origin
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Painting over identifying engravings
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Manufacturing or assembling firearms with no identifying marks (such as ghost guns)
Even attempting to alter these marks—with tools or instructions—can result in charges under this statute.
Why Does This Law Exist?
The identification marks on firearms, especially serial numbers, are crucial for:
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Tracing weapons used in crimes
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Registering ownership legally in California
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Tracking sales and transfers of firearms
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Complying with both state and federal firearm regulations
Law enforcement depends on these markings to solve crimes and prosecute illegal gun use. As such, tampering with firearm IDs is seen as an effort to hide criminal activity—even if you had no intent to commit a violent offense.
Penalties for Violating Penal Code § 23900
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16 months, 2 years, or 3 years in California state prison
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A maximum fine of $3,000
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Formal felony probation in some cases
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Permanent loss of firearm rights
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A felony strike on your criminal record (in certain cases, depending on circumstances)
And these are just the criminal penalties. A conviction could also impact your:
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Employment prospects
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Immigration status
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Eligibility for professional licenses
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Parental rights in custody disputes
If you’re already a convicted felon, this charge could be used to enhance a sentence or even trigger Three Strikes penalties, making it essential to defend aggressively.
What If I Didn’t Know the Serial Number Was Removed?
Intent is an important part of PC 23900 prosecutions. The law specifically targets people who knowingly alter or remove identification marks.
So, if you’re accused of possessing a firearm with obliterated markings, but you had no knowledge of the alteration—or were not the one who modified the weapon—you may have a valid defense.
That said, prosecutors may try to argue that possession alone implies knowledge, especially if the weapon was in your home, vehicle, or clothing. This is where the experience of a defense attorney becomes critical.
Common Legal Defenses Against PC 23900 Charges
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Lack of knowledge: You didn’t know the firearm was altered.
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No intent to commit a crime: You did not remove or obscure the markings yourself.
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False accusations: Someone else may have tampered with the gun.
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Illegal search or seizure: If the firearm was discovered during an unconstitutional search, the evidence may be inadmissible.
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Lawful possession of a damaged or antique firearm: Some vintage or damaged weapons may have missing markings unintentionally—not through criminal conduct.
Each case is different, and the right strategy depends on the specific facts, including where the gun was found, your criminal history, and the evidence against you.
How Does This Law Relate to Ghost Guns and Homemade Firearms?
The rise of ghost guns—firearms assembled from parts without serial numbers—has increased enforcement of laws like PC 23900. California now requires that all self-made or privately assembled firearms be:
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Properly registered
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Assigned a DOJ-issued serial number
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Marked in accordance with California and federal law
Failure to comply with these regulations can not only result in PC 23900 charges, but also additional charges related to unlawful manufacturing or possession under PC 29180 and PC 30600.
Is Altering a Toy Gun Illegal Too?
PC 23900 also applies to imitation firearms, such as BB guns or airsoft guns, when used to commit or simulate a crime. If someone tries to make a toy gun look more like a real firearm for illegal purposes, that can lead to criminal charges—although often under related statutes rather than PC 23900 itself.
Still, the seriousness with which California treats any manipulation of firearm appearance or identity should not be underestimated.
Federal Consequences for Serial Number Tampering
In addition to state charges, altering a firearm’s serial number is a federal crime under 18 U.S.C. § 922(k). A federal conviction can result in:
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Up to 5 years in federal prison
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Federal felony record
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Additional restrictions on firearm possession and civil rights
This is particularly important if the weapon crossed state lines, was used in a federal crime, or was sold through interstate commerce. Prosecutors may decide to pursue charges at the federal level in serious cases.
Talk to a Los Angeles Criminal Defense Attorney
A charge under Penal Code 23900 is not something to take lightly. Tampering with or possessing a firearm that has had its serial number altered can result in felony charges, state prison time, and long-term consequences that affect your civil rights and future opportunities.
At The Law Offices of Arash Hashemi, we’ve helped clients throughout Los Angeles County fight complex gun charges for over 20 years. Attorney Arash Hashemi personally handles every case, bringing the legal knowledge and courtroom skill needed to protect your future.
Contact our office today to schedule a free case evaluation. We proudly serve clients throughout Downtown Los Angeles, Hollywood, Santa Monica, Westwood, and the greater West LA area.
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