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F 18.15 n1 Possession Of Weapon With Obliterated Serial Number: Presumption From Possession Violates Due Process (PC 12090 & PC 12091).
PC 12090 makes it a felony to “change, alter, remove or obliterate the manufacturer’s number from any pistol or revolver.” PC 12091 declares: “Possession of any pistol or revolver upon which the name of the maker, model, manufacturer’s number or other mark of identification has been changed, altered, removed, or obliterated, shall be presumptive evidence that the possessor has changed, altered, removed, or obliterated the same.”
However, this presumption violates state and federal due process principles. (Ulster County Court v. Allen (79) 442 US 140 [60 LEd2d 777; 99 SCt 2213]; see also In re Christopher K. (2001) 91 CA4th 853 [110 CR2d 914]; People v. Wandick (91) 227 CA3d 918, 922-23 [278 CR 274]; People v. Henderson (80) 109 CA3d 59, 61-65 [167 CR 47].) Therefore, instruction upon this presumption is error in violation of 14th Amendment due process principles. (Wandick, 227 CA3d at 922-23.)