District Court Instruction 7.640: Defacing Firearm Serial Number; Receiving Firearm with Defaced Serial Number

MassFLC › Jury Instruction

This is not law. It records what the body named below published, on the date shown. Commentary, guidance and model instructions may be persuasive, but none of them carries the force of law, and none is a statement of what the law requires.

Source: Criminal Model Jury Instructions for Use in the District Court
Edition: 2009
Statute: G.L. c. 269, § 11C

Part I: Defacing Firearm Serial Number

Elements

The Commonwealth must prove three things beyond a reasonable doubt:

The item in question was a firearm;
The defendant knew that it was a firearm; and
The defendant intentionally removed, defaced, altered, obliterated, or mutilated in some manner a serial or identification number on the firearm.

Every firearm must bear a serial number permanently inscribed on a visible metal area. Commonwealth need not prove every part of the number was physically damaged; must prove some part was intentionally damaged.

Specific intent required: Jury must be instructed on specific intent (Instruction 3.120).

Supplemental: Possession as Prima Facie Evidence of Defacing

If jury finds defendant possessed a firearm with a defaced serial number, they are permitted (but not required) to accept that as sufficient proof that defendant was the person who caused the damage. If there is contrary evidence, possession testimony is weighed like any other evidence. See Instruction 3.260 (Prima Facie Evidence).

Rupp, 57 Mass. App. Ct. 377, 386 (2003).

Part II: Receiving Firearm with Defaced Serial Number

Elements

The Commonwealth must prove five things beyond a reasonable doubt:

The item in question was a firearm;
The defendant received the firearm;
The defendant knew that the item was a firearm;
The serial or identification number was removed, defaced, altered, obliterated, or mutilated in some manner; and
The defendant knew that the serial or identification number had been defaced at the time they received it.

"Received" defined: Knowingly took custody or control. Not necessary that defendant personally possessed it, as long as they knowingly exerted control. Mere presence not enough; Commonwealth must prove knowledge, power, and intent to control.

Supplemental: Possession as Prima Facie Evidence of Knowledge

If jury finds defendant knowingly received a firearm with defaced serial number, permitted to accept that as sufficient proof that defendant knew of the defacement. Weigh against contrary evidence.

Alcala, 54 Mass. App. Ct. 49, 52 (2002) (circumstances evidencing "guilty knowledge" or "consciousness of guilt").

Firearm Definition

Standard definition from G.L. c. 140, § 121: pistol, revolver or other weapon, barrel less than 16 inches. Defendant need not know item met legal definition if it was a conventional firearm. Papa, 17 Mass. App. Ct. 987, 988-989 (1984).