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).
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.
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.