SECTIONS 12090-12094 - California Statutes

PENAL CODE

SECTION 12090-12094

12090. 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 such change, alteration or removal shall be
punished by imprisonment in the state prison.

12092. The Department of Justice upon request may assign a
distinguishing number or mark of identification to any firearm
whenever it is without a manufacturer's number, or other mark of
identification or whenever the manufacturer's number or other mark of
identification or the distinguishing number or mark assigned by the
department has been destroyed or obliterated.

12093. 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. This section does not prohibit restoration by the
owner of the name of the maker, model, or of the original
manufacturer's number or other mark of identification when such
restoration is authorized by the department, nor 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.

12094. (a) Any person with knowledge of any change, alteration,
removal, or obliteration described herein, who buys, receives,
disposes of, sells, offers for sale, or has in his or her possession
any pistol, revolver, or other firearm which has had the name of the
maker, 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.
(b) Subdivision (a) does not apply to any of the following:
(1) The acquisition or possession of a firearm described in
subdivision (a) 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 his or her employment.
(2) The acquisition or possession of a firearm described in
subdivision (a) 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 his or her employment.
(3) The acquisition or possession of a firearm described in
subdivision (a) by any employee of a forensic laboratory, while on
duty and acting within the scope and course of his or her employment.
(4) The possession and disposition of a firearm described in
subdivision (a) by a person who meets all of the following:
(A) He or she is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(B) The person possessed the firearm no longer than was necessary
to deliver the same to a law enforcement agency for that agency's
disposition according to law.
(C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency in order to
deliver the firearm to the law enforcement agency for the agency's
disposition according to law.
(D) If the person is transporting the firearm to a law enforcement
agency, he or she has given prior notice to the law enforcement
agency that he or she is transporting the firearm to that law
enforcement agency for that agency's disposition according to law.
(E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.