Pennsylvania law makes it a crime to possess a firearm if the manufacturer’s serial number on the frame or receiver has been altered, changed, removed, or obliterated. Under Title 18 Pa. C.S.A. § 6110.2, this type of offense is treated as a serious felony and can arise in a variety of situations involving police contact.
In this article, our Pennsylvania gun crime attorney explains how the law works, including what qualifies as possession, how courts evaluate whether a serial number is considered “altered,” what types of firearms are covered, and the potential penalties in these cases.
What Does 18 Pa. C.S.A. § 6110.2 Prohibit?
At its core, Title 18 Pa. C.S.A. § 6110.2 makes it unlawful to possess a firearm when the manufacturer’s serial number on the frame or receiver has been tampered with, which is used to identify and trace the firearm. The law specifically applies when that number has been altered, changed, removed, or obliterated.
Those terms generally mean:
- Altered: Modified in a way that changes the number’s original appearance or identifying information
- Changed: Adjusted, replaced, or manipulated so it no longer reflects the original number
- Removed: Taken off the firearm entirely
- Obliterated: Damaged or defaced so severely that it cannot be read or identified
In real-world situations, this can include:
- A serial number that has been scratched or partially defaced
- A number that has been ground down or filed off entirely
- A surface that has been damaged to make the number difficult or impossible to read
- A serial number that appears worn due to corrosion, rust, or age
Not every scratch or imperfection on a serial number rises to the level of an “altered” or “obliterated” number under Pennsylvania law. A minor scratch is different from a serial number that has been intentionally destroyed, and a worn or corroded number may raise different questions than one that appears deliberately defaced.
In many cases, the key issue is whether the serial number can still be identified and whether the condition of the number meets the legal standard under § 6110.2.
What Counts as “Possession” Under Pennsylvania Law?
In these cases, the issue is not just the condition of the firearm, but also whether the person charged actually possessed it. Pennsylvania case law recognizes two types of possession:
- Actual possession: The firearm is found directly on the person, such as in a waistband or pocket.
- Constructive possession: The firearm is located in an area that the person had control over, even if it was not physically on them.
Constructive possession can apply in situations like:
- A firearm found in a vehicle’s glove compartment
- A gun inside a backpack or bag
- A weapon located in a bedroom or shared living space
These situations can become complicated when multiple people have access to the same area. In those cases, the issue becomes whether the individual had both the ability and intent to control the firearm.
Is a Scratched but Still Legible Serial Number Enough?
A key question in many cases is whether the serial number is still readable. If the number remains legible, even if damaged, that may affect whether the statute applies.
Courts may consider:
- Whether the serial number can still be read with the naked eye
- Whether it can be recovered using forensic techniques
- The extent and nature of the damage
This means that a firearm with minor scratches or wear may not necessarily meet the legal definition required for a conviction under § 6110.2.
Does the Alteration Have To Be Intentional?
The statute focuses on the condition of the firearm’s serial number, but Pennsylvania courts have clarified that not every damaged or worn number automatically meets the legal standard.
Commonwealth v. Ford (2017)
In Commonwealth v. Ford, the Pennsylvania Superior Court examined whether a firearm’s serial number had been sufficiently altered to violate the statute. The court emphasized that the Commonwealth must prove more than the mere presence of wear or damage. The condition of the number must actually meet the definition of “altered, changed, removed, or obliterated” under the law.
Commonwealth v. Smith (2019)
Building on that, in Commonwealth v. Smith, the court further addressed how the statute applies when a serial number is difficult to read. The decision reinforces that the analysis does not turn solely on whether the number appears imperfect or degraded, but on whether it has been altered in a way that satisfies the statutory language.
Taken together, these cases show that the issue is not simply whether a serial number is damaged, but whether its condition rises to the level required by § 6110.2.
What Firearms Are Covered Under § 6110.2?
Pennsylvania law defines “firearm” more narrowly than in everyday use. Under 18 Pa. C.S.A. § 6102, it generally includes:
- A pistol or revolver with a barrel under 15 inches
- A rifle with a barrel under 16 inches
- A shotgun with a barrel under 18 inches
- Any of these with an overall length under 26 inches
Barrel length is measured from the muzzle to the face of the closed action, bolt, or cylinder, which can matter in close cases.
What Is the Antique Firearm Exception?
Pennsylvania law specifically excludes antique firearms from § 6110.2. If a firearm qualifies as an antique under the statute, then the firearm is legally considered an antique; the analysis may end there, and there is no need to determine whether the serial number was altered.
However, determining whether a firearm qualifies as an antique is not always straightforward. It depends on the legal definition found in § 6102, not just the age or appearance of the weapon.
In some cases, older firearms may raise two separate issues:
- Whether the firearm qualifies as an antique (and is excluded from the law)
- Whether any wear or damage to the serial number meets the definition of “altered” under Pennsylvania law
These are distinct legal questions and must be analyzed separately.
What Are the Penalties for Violating § 6110.2?
A violation is graded as a felony of the second degree in Pennsylvania. Potential consequences may include:
- Up to 10 years of imprisonment
- Significant fines
- A permanent criminal record
However, penalties may vary depending on several factors, including:
- The person’s prior criminal history
- Whether other charges are filed
- The circumstances surrounding the alleged offense
Because of these variables, you should consider reviewing your case with a criminal defense attorney.
Speak With McKenzie Law Firm, P.C. About Your Legal Options
If you are facing a charge involving a firearm with an altered manufacturer’s number, getting clear answers early can make a difference. McKenzie Law Firm, P.C., works with individuals throughout Montgomery County, Chester County, Bucks County, and Delaware County to evaluate their situation and explain their legal options in plain English.
We’re available 24/7, provide regular updates, and offer transparent pricing with no surprise legal fees. Contact McKenzie Law Firm, P.C. today for a consultation.
18 Pa. C.S.A. § 6110.2 Frequently Asked Questions
Can I be charged if I didn’t alter the serial number myself?
Yes. The law focuses on possession of the firearm, not who altered the number.
What if I didn’t know the serial number was altered?
Knowledge may become an issue depending on the facts of the case and the evidence presented.
Does this law apply to all guns in Pennsylvania?
No. It applies only to firearms that meet Pennsylvania’s specific legal definition, which is narrower than the everyday meaning of “gun.”
