California Penal Code 23900 PC: Altering Firearm Identification Information

California Penal Code 23900 PC makes it a felony offense to intentionally change, alter, remove, or obliterate any unique identification markings on a firearm—such as serial numbers, manufacturer names, model designations, or Department of Justice (DOJ) identifiers—without prior written authorization.

 Because untraceable firearms heavily disrupt law enforcement tracing and lawful ownership verification, California punishes this violation strictly at the felony level.

What Is California Penal Code 23900 PC?

California Penal Code 23900 PC is the state law that prohibits altering, removing, or obliterating identifying marks on any firearm.

Under California law, a "firearm" is broadly defined per California Penal Code 16520 PC.

PC 23900's core purpose is to ensure all firearms remain traceable. Law enforcement relies heavily on serial numbers and manufacturer stamps to track lawful purchases, verify background checks, and investigate gun-related crimes.

Even if a gun is otherwise legally owned or never utilized in the commission of another crime, the act of defacing its identification markers alone constitutes a felony violation.

Legal Elements the Prosecution Must Prove

To secure a conviction under PC 23900, the district attorney must prove the following elements beyond a reasonable doubt:

• The firearm possessed original identifying information, such as a serial number, manufacturer stamp, or DOJ identifier.

• The defendant altered, removed, changed, or obliterated that identifying information.

• The defendant acted without prior written permission from the California Department of Justice.

Note: Specific criminal intent to commit a secondary crime is not an express element of the statute. Many legal battles focus on whether the defendant physically altered the weapon or knowingly possessed an already altered weapon.

Statutory Penalties and Collateral Consequences

In California, Penal Code 23900 is universally charged as a felony. The legal consequences carry long-term impacts on liberty and civil rights:

• State Prison Sentence: 16 months, 2 years, or 3 years in California state prison.

• Fines: Fines of up to $10,000.

• Loss of Gun Rights: A permanent lifetime prohibition on owning, purchasing, or possessing firearms or ammunition under state and federal law.

• Criminal Record: A permanent felony record affecting employment, housing, and professional licensing.

Related California Firearm Offenses

Penal Code 23900 PC investigations and arrests rarely happen in isolation. Prosecutors frequently stack related weapons charges, significantly multiplying potential prison exposure and long-term legal penalties. These related offenses include:

• California Penal Code 23920 PC – Possession or Sale of a Firearm with Altered Identification: While PC 23900 targets the actual act of altering or defacing a serial number, PC 23920 makes it illegal to buy, sell, receive, dispose of, or possess any firearm knowing that its identifying marks have been altered, removed, or obliterated.

• California Penal Code 29800 PC – Felon in Possession of a Firearm: It is illegal for anyone previously convicted of a felony—or certain specified misdemeanors and domestic violence offenses—to own, purchase, or possess a firearm. Discovering an altered firearm on a felon triggers severe concurrent charges.

• California Penal Code 25400 PC – Carrying a Concealed Firearm: Unlawfully carrying a concealed pistol, revolver, or other firearm on your person or inside a vehicle without a valid CCW permit is frequently charged alongside serial number alterations.

• California Penal Code 25850 PC – Carrying a Loaded Firearm in Public: Carrying a loaded weapon in a public place or vehicle can elevate an arrest, especially if law enforcement recovers an unserialized or defaced firearm during the stop.

• California Penal Code 30600 PC – Manufacturing or Importing Assault Weapons: Defacing or building custom, untraceable "ghost guns" often leads to felony charges for manufacturing, distributing, or importing illegal assault weapons under California's strict regulatory framework.

• California Penal Code 32310 PC – Large-Capacity Magazines: The unlawful possession, importation, or acquisition of magazines holding more than 10 rounds frequently accompanies multi-count weapons indictments.

Proven Legal Defenses for PC 23900 Charges

An experienced criminal defense lawyer can evaluate the evidence to construct strategic defenses, which may include:

• Lack of Knowledge: You did not alter the firearm and had no knowledge that the serial number or markings had been modified or obscured.

• Environmental or Accidental Damage: Corrosion, rust, heavy wear, or accidental impact wore down markings naturally without intentional alteration.

• DOJ Authorization: You secured formal written permission from the California Department of Justice (frequently applicable in antique restorations or specialized collections).

• Insufficient Evidence: The state cannot prove beyond a reasonable doubt that you altered the firearm or exercised unlawful dominion over it.

Frequently Asked Questions (FAQs)

What happens if I inherit or buy a gun with an accidentally worn-out serial number?

If a firearm's serial number has naturally degraded due to age, heavy rust, or environmental corrosion without any intentional tampering or obliteration on your part, you lack the requisite conduct prohibited by PC 23900. However, possessing a firearm with an unreadable or altered serial number can still trigger investigative scrutiny, making early legal counsel critical to prove the damage was accidental or pre-existing.

Can I get written permission from the DOJ to alter firearm markings?

Yes. Under specific and limited circumstances—such as authorized antique firearm restoration or certified modifications—individuals can apply for and receive written permission from the California Department of Justice to alter or restore non-original markings without violating state law.

Does PC 23900 apply to all types of firearms?

Yes. The statute applies broadly across all weapon categories recognized under California law, including handguns, semi-automatic rifles, shotguns, revolvers, and unregistered "ghost guns" or frame/receiver builds missing mandated serialization.

What is the difference between possessing an altered firearm and actually altering it?

While physically filing off a serial number directly violates the statute, knowingly possessing a firearm with altered, removed, or obliterated identification marks can also expose you to severe criminal liability under California's constructive possession and weapons laws, even if a third party performed the initial modification.

Why is altering a firearm serial number charged as a felony instead of a misdemeanor?

California legislature classifies PC 23900 as a felony because unserialized or defaced firearms ("ghost guns" or scrubbed weapons) severely undermine public safety by preventing law enforcement from tracing weapons used in violent crimes, tracking illegal firearms trafficking, and confirming lawful ownership registries.

Secure Experienced Legal Representation in Los Angeles

Facing allegations under California Penal Code 23900 PC threatens your freedom, financial security, and constitutional rights. 

Early intervention by a skilled defense attorney can help challenge forensic assumptions, review weapon-seizure protocols, and position your case for dismissal or charge reduction.

For a confidential consultation with a trusted criminal defense attorney at Cron, Israels & Stark in Los Angeles, call (424) 372-3112 or contact our office online today.