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Chapter 2. Obliteration Of Identification Marks of California Penal Code >> Division 3. >> Title 4. >> Part 6. >> Chapter 2.
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.
The Department of Justice upon request may assign a
distinguishing number or mark of identification to any firearm
whenever the firearm lacks a manufacturer's number or other mark of
identification, or whenever the manufacturer's number or other mark
of identification or a distinguishing number or mark assigned by the
department has been destroyed or obliterated.
(a) Any person may place or stamp on any pistol, revolver,
or other firearm any number or identifying indicium, provided the
number or identifying indicium does not change, alter, remove, or
obliterate the manufacturer's name, number, model, or other mark of
identification.
(b) This section does not prohibit restoration by the owner of the name of the maker or model, or of the original manufacturer's number or other mark of identification, when that restoration is authorized by the department.
(c) This section does not prevent any manufacturer from placing in the ordinary course of business the name of the maker, model, manufacturer's number, or other mark of identification upon a new firearm.
(b) This section does not prohibit restoration by the owner of the name of the maker or model, or of the original manufacturer's number or other mark of identification, when that restoration is authorized by the department.
(c) This section does not prevent any manufacturer from placing in the ordinary course of business the name of the maker, model, manufacturer's number, or other mark of identification upon a new firearm.
Except as provided in Section 23925, any person who, with
knowledge of any change, alteration, removal, or obliteration
described in this section, 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 a
misdemeanor.
Section 23920 does not apply to any of the following:
(a) The acquisition or possession of a firearm described in Section 23920 by any member of the military forces of this state or of the United States, while on duty and acting within the scope and course of employment.
(b) The acquisition or possession of a firearm described in Section 23920 by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of employment.
(c) The acquisition or possession of a firearm described in Section 23920 by any employee of a forensic laboratory, while on duty and acting within the scope and course of employment.
(d) The possession and disposition of a firearm described in Section 23920 by a person who meets all of the following:
(1) The person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) The person possessed the firearm no longer than was necessary to deliver it to a law enforcement agency for that agency's disposition according to law.
(3) If the person is transporting the firearm, the person is transporting it to a law enforcement agency in order to deliver it to the agency for the agency's disposition according to law.
(4) If the person is transporting the firearm to a law enforcement agency, the person has given prior notice to the agency that the person is transporting the firearm to that agency for the agency's disposition according to law.
(5) The firearm is transported in a locked container as defined in Section 16850.
(a) The acquisition or possession of a firearm described in Section 23920 by any member of the military forces of this state or of the United States, while on duty and acting within the scope and course of employment.
(b) The acquisition or possession of a firearm described in Section 23920 by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of employment.
(c) The acquisition or possession of a firearm described in Section 23920 by any employee of a forensic laboratory, while on duty and acting within the scope and course of employment.
(d) The possession and disposition of a firearm described in Section 23920 by a person who meets all of the following:
(1) The person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) The person possessed the firearm no longer than was necessary to deliver it to a law enforcement agency for that agency's disposition according to law.
(3) If the person is transporting the firearm, the person is transporting it to a law enforcement agency in order to deliver it to the agency for the agency's disposition according to law.
(4) If the person is transporting the firearm to a law enforcement agency, the person has given prior notice to the agency that the person is transporting the firearm to that agency for the agency's disposition according to law.
(5) The firearm is transported in a locked container as defined in Section 16850.
