Defacing a Firearm - Colorado Law

Q: Is it a crime to deface a firearm?

Yes. CRS 18-12-104 prohibits knowingly removing, defacing, covering, altering, and/or destroying a firearm's serial number, distinguishing number, or identification mark.

Q: What are the penalties for violating CRS 18-12-104?

Knowingly defacing a firearm is a class 1 misdemeanor, carrying a sentence of: Up to 364 days in jail, and/or A fine of up to $1,000. Note that the penalties for possession of a defaced firearm under CRS 18-12-103 are also: Up to 364 days in jail, and/or A fine of up to $1,000.

Q: How do I fight the charges?

Defacing a firearm is a much less common charge than possessing a defaced firearm. However, if you are charged with doing the actual defacing, four possible defenses include: 1) You did not knowingly remove the serial number, 2) The serial number was still visible, 3) The serial number was worn down due to normal wear or tear, or 4) The gun was found during an illegal search and seizure.

Defacing a Firearm – Colorado Law – § 18-12-104 CRS

CRS 18-12-104 is the Colorado law that makes it a class 1 misdemeanor to deface a firearm’s serial number or identifying information. The punishment includes

up to 364 days in jail and/or
up to $1,000 in fines.

The language of CRS 18-12-104 states:

A person commits a class 1 misdemeanor if such person knowingly removes, defaces, covers, alters, or destroys the manufacturer’s serial number or any other distinguishing number or identification mark of a firearm.

Is it a crime to deface a firearm?

Yes. CRS 18-12-104 prohibits knowingly

removing,
defacing,
covering,
altering, and/or
destroying

a firearm’s serial number, distinguishing number, or identification mark.¹

Note that this is a separate crime from possession of a defaced firearm (CRS 18-12-103).

isolated rusty obsolete vintage sixshooter on white background

CRS 18-12-104 makes it a misdemeanor to knowingly alter a gun’s serial number.

What are the penalties for violating CRS 18-12-104?

Knowingly defacing a firearm is a class 1 misdemeanor, carrying a sentence of:

Up to 364 days in jail, and/or
A fine of up to $1,000.²

Note that the penalties for possession of a defaced firearm under CRS 18-12-103 are also:

Up to 364 days in jail, and/or
A fine of up to $1,000.³

How do I fight the charges?

Defacing a firearm is a much less common charge than possessing a defaced firearm. However, if you are charged with doing the actual defacing, four possible defenses include:

You did not knowingly remove the serial number,
The serial number was still visible,
The serial number was worn down due to normal wear or tear, or
The gun was found during an illegal search and seizure.

Call us for help…

If you or someone you know has been charged with defacing a firearm or with any other of Colorado’s firearms laws, we invite you to contact us for a confidential consultation.

One of our experienced Denver Colorado criminal defense lawyers will get back to you promptly to discuss your case and the best possible defenses to defacing a firearm or your other specific charges.

We offer two convenient ways to reach one of our knowledgeable criminal attorneys:

By filling out the form on this page, or
By calling us at our conveniently located Denver home office:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

Legal References

CRS 18-12-104. Before March 1, 2022, penalties included 6 to 18 months in jail and/or $500 to $5,000. SB21-271.
CRS 18-12-104. See also People v. Jones (2020) 464 P.3d 735.
CRS 18-12-103. See also People v. Ford (1977) 568 P.2d 26.

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