In Re Christopher K.

When is possession more than possession? When an unconstitutional statute creates a legal presumption that possession means a great deal more.

A petition filed under Welfare and Institutions Code section 602 alleged appellant Christopher K. possessed a firearm (Pen. Code, § 12101, subd. (a); count I), and obliterated the identification of a firearm (Pen. Code, § 12090; count II). The court found true both allegations, reduced count I to a misdemeanor, and ordered appellant to serve 120 days in custody followed by probation. Appellant appeals the court’s finding on the second count only, contending the presumption set forth in Penal Code section 12090 is unconstitutional. We agree and reverse the finding on count II.

I

Facts

The Anaheim police were dispatched to a motel to investigate a report of a man with a gun. The door to a motel room was open, and the officers found appellant sitting on the bed. During a search, the officers found a semiautomatic pistol in a nightstand drawer. The firearm’s serial number had been filed off, but the officers did not see appellant filing the serial number nor did they find any instruments in the room capable of doing so. Appellant…