Virginia criminal charge
Removing, altering, etc., serial number or other identification on firearm in Virginia
Removing, altering, etc., serial number or other identification on firearm is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-311.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-311.1.
What is the penalty for removing, altering, etc., serial number or other identification on firearm in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Removing/altering serial number or identification — Intentionally removes, alters, changes, destroys, or obliterates the maker's name, model, manufacturer's or serial number, or other required identification on a firearm.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Removing/altering serial number or identification — Intentionally removes, alters, changes, destroys, or obliterates the maker's name, model, manufacturer's or serial number, or other required identification on a firearm.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Possessing firearm with altered serial number — Knowingly possesses a firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Possessing firearm with altered serial number — Knowingly possesses a firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Selling, giving, or distributing firearm with altered serial number — Knowingly sells, gives, or distributes a firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Selling, giving, or distributing firearm with altered serial number — Knowingly sells, gives, or distributes a firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is removing, altering, etc., serial number or other identification on firearm classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Removing/altering serial number or identification | Class 1 Misdemeanor | Intentionally removes, alters, changes, destroys, or obliterates the maker's name, model, manufacturer's or serial number, or other required identification on a firearm. | Va. Code Ann. § 18.2-311.1A |
| Possessing firearm with altered serial number | Class 1 Misdemeanor | Knowingly possesses a firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated. | Va. Code Ann. § 18.2-311.1B |
| Selling, giving, or distributing firearm with altered serial number | Class 6 Felony | Knowingly sells, gives, or distributes a firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated. | Va. Code Ann. § 18.2-311.1C |
Common questions about removing, altering, etc., serial number or other identification on firearm in Virginia
Is removing, altering, etc., serial number or other identification on firearm a felony or a misdemeanor in Virginia?
It depends on the circumstances: removing, altering, etc., serial number or other identification on firearm ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-311.1.
Removing/altering serial number or identification: class 1 misdemeanor (Va. Code Ann. § 18.2-311.1A) · Possessing firearm with altered serial number: class 1 misdemeanor (Va. Code Ann. § 18.2-311.1B) · Selling, giving, or distributing firearm with altered serial number: class 6 felony (Va. Code Ann. § 18.2-311.1C)
What are the penalties for removing, altering, etc., serial number or other identification on firearm in Virginia?
Penalties for removing, altering, etc., serial number or other identification on firearm in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers removing, altering, etc., serial number or other identification on firearm?
Removing, altering, etc., serial number or other identification on firearm is governed by Va. Code Ann. § 18.2-311.1 (Removing, altering, etc., serial number or other identification on firearm; selling, giving, etc., or possessing firearm without serial number; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.