PC 23900 Alter or Deface Identifying Mark on Firearm. Criminal Defense Lawyers Explain Law, Sentence & Defense Related to California Penal Code 23900.
- Criminal Defense Lawyers
- Apr 8
- 5 min read
It is a crime to alter or deface an identifying mark on a firearm (i.e., serial number, manufacturer number, model number, etc.) [PC 23900]. It is also a crime to sell, buy or possess a firearm with knowledge that a firearm’s identifying mark has been altered or defaced [PC 23920].
This article summarizes the law, penalties, common defenses, and post-conviction options that are related to both PC 23900 and 23920. For further information, please contact our California criminal defense lawyers for a free consultation.
PC 23900 23920 Law (Abbrev.)
PC 23900: 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… is guilty of penal code 23900 (Abbrev.).
PC 23920(a):…, any person who, with knowledge of any change, alteration, removal, or obliteration…of a firearm’s identifying mark(s), buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model, or the manufacturer’s number or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, changed, altered, removed, or obliterated, is guilty of penal code 23920 (Abbrev.).
Both PC 23900 and PC 23920 are specific intent crimes, which means that the defendant must have specifically intended to commit the crime.
Accidental defacement of a firearm’s identify mark(s) is not a crime; however, the defendant could face PC 23900 charges if he does not immediately correct the accidentally altered identify mark with the Department of Justice (DOJ).
Similarly, buying, selling or possessing a firearm with an altered identifying mark is not a PC 23920(a) crime unless the defendant is subjectively aware of the firearm’s altered identification. Whether the defendant is aware of the false identification number of a firearm is based on the facts and circumstances of each case.
PC 23900 & PC 23920 Penalties
PC 23900 Jail Sentence: The crime of altering or defacing a firearm’s identification mark is classified as a felony. If found guilty of penal code 23900, the defendant could face either a probation sentence (see below), a sixteen-month, two-year, or three-year jail sentence.
PC 23920(a) Jail Sentence: The crime of selling, buying, or possessing a firearm with an altered serial number (identifying mark(s)) is charged as a misdemeanor. If found guilty of penal code 23920(a), the defendant could face either a probation sentence, or up to one year in the county jail.
PC 1170(H) Sentencing: If the defendant is found guilty of the felony crime of PC 23900, and he is not granted probation (see below), then he may have his jail sentence either split (served partially out of jail on work release) or suspended (not served on condition of probation terms).
Example: Daniel is found guilty of altering the serial number on a handgun (PC 23900). Daniel is not granted probation, and he is sentenced to two years in the county jail; however, the judge allows Daniel to serve one year of his sentence in the county jail, and the balance of his sentence (the second year) on work release pursuant to PC 1170(H) Sentencing.
Note: PC 1170(H) Sentencing does not apply to misdemeanor violations of PC 23920(a) [Poss. of firearm with altered serial number].
Probation Sentence: A probation sentence is a period of supervision, as opposed to incarceration. A probation sentence is allowed in both felony PC 23900 and misdemeanor PC 23920(a) cases. However, a probation sentence is not guaranteed.
Whether the court grants a probation sentence to the defendant, as opposed to a jail sentence, depends on many factors, such as the defendant’s criminal history, the level of sophistication used to commit the crime, the terms of a plea bargain and more.
Note: A probation sentence related to felony PC 23900 is two years in duration (PC 1203.1); a probation sentence related to misdemeanor PC 23920(a) is one year in duration.
Firearm Prohibition: A felony conviction for PC 23900 (Alter or Deface Firearm ID Mark) will result in a lifetime firearm possession prohibition against the defendant. The prohibition includes a prohibition against owning or possessing firearms, firearm ammunition and body amor.
In some cases, the defendant may restore firearm rights after a 23900 PC conviction.
Note: Misdemeanor violations of PC 23920(a) [Poss., Buy, or Sell Firearm with Altered ID Mark] does not result in firearm prohibition (PC 29805).
CIMT: Felony PC 23900 is not classified as a crime involving moral turpitude (a crime involving deceit or immorality); however, it is unclear as to whether misdemeanor PC 23920(a) is a crime involving moral turpitude.
Misdemeanor PC 23920(a) is more likely to be considered a crime of moral turpitude if the defendant sells, offers to sell, or buys a firearm with knowledge that the firearm’s ID Mark is altered. If the defendant merely possesses the firearm with knowledge that the firearm’s ID Mark is altered, then the crime is probably not considered a CIMT.
Note: Identification of a crime as being one that involves moral turpitude is particularly important when the defendant is not a US citizen (deportable offense), or the defendant possesses a professional license (i.e., doctor, dentist, lawyer, teacher, etc.). For more information, see Crimes Involving Moral Turpitude.
Three Strikes Law: Felony PC 23900 (Alter or Deface Firearm’s Identification Mark) is not classified as a serious or violent felony. Therefore, the crime is not considered a “strike” offense under California’s Three Strikes Sentencing Law.
Additional Penalties: In addition to a jail sentence or probation sentence, if found guilty of either felony PC 23900 or misdemeanor PC 23920(a), the defendant may face loss of scholarship opportunities, loss of military service enlistment (or discharge), court fines and fees (up to $10,000 for felony PC 23900 convictions), restitution orders, criminal protective orders (CPO), civil lawsuits and more.
PC 23900 & PC 23920(a) Defenses
PC 23900: Common defenses to felony PC 23900 allegations include lack of intent to alter, change or deface the firearm’s identification mark, insufficient evidence to prove the crime beyond a reasonable doubt, statute of limitations (three years from the date of the alleged offense), coerced confession, illegal search and seizure, violation of Miranda Rights, and more.
PC 23920(a): Common defenses to misdemeanor PC 23920(a) allegations include entrapment, self-defense, lack of actual or constructive possession of the firearm, mistake of fact, coerced confession, statute of limitations (one year from the date of the alleged offense), illegal search and seizure, violation of Miranda Rights, and more.
For more information on defense to penal code 23900 & 23920(a), and information on defenses to criminal allegations in general, see Defenses to Crime.
Post-Conviction Relief: After a conviction for either felony PC 23900 or misdemeanor PC 23920(a), the defendant may have several post-conviction options, including withdrawing a guilty plea (PC 1018), terminate a probation sentence early (PC 1203.3), expunge the criminal conviction (PC 1203.4 & PC 1203.41), appeal the conviction, and petition the court for a certificate of rehabilitation (PC 4852).
To learn more about the crime of altering or deface identifying mark on a firearm (PC 23900) or possess or sell firearm without serial number (ID Mark) [PC 23920], contact our California criminal defense lawyers today for a free consultation.
Our team of successful criminal defense lawyers, including winning trial lawyers, offer free consultations for all misdemeanor and felony defendant in the counties of San Bernardino, Riverside, Los Angeles & Orange. We have helped thousands of criminal defendants, and we can help you too. Call today!
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