District Court Instruction 7.660: Possession of Firearm with Defaced Serial Number During Felony

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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, § 11B

Elements

The Commonwealth must prove four things beyond a reasonable doubt:

The defendant committed or attempted to commit a felony;
While doing so, the defendant knowingly possessed a firearm or had a firearm under their control;
The serial or identification number on that firearm had been removed, defaced, altered, obliterated, or mutilated in some manner; and
The defendant knew that the serial or identification number had been removed, defaced, altered, obliterated, or mutilated.

Commonwealth is not required to prove that the defendant caused the damage to the serial or identification number.

Element 1: Felony

A felony is a crime for which a person may be sentenced to state prison. Commonwealth is not required to prove defendant was committing any particular felony, but must prove some felony.

Element 2: Possession or Control

Standard possession/control instruction. See Instruction 3.220 (Possession).

Element 3: Defaced Number

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

"Serial number" (Supp. 2): Number stamped by manufacturer when firearm was made. G.L. c. 269, § 11A.

"Identification number" (Supp. 3): Number stamped or placed on firearm by Massachusetts State Police. G.L. c. 269, § 11A.

Element 4: Knowledge

Commonwealth must prove defendant knew at the time of the offense that the number had been defaced. Jury may examine actions, words, and surrounding circumstances.

Supplemental: Knowledge of Law Not Required

"Knowingly" means voluntarily and intentionally, not by mistake or accident. Ignorance of the law is not an excuse.

Firearm Definition

Per G.L. c. 269, § 11A, uses G.L. c. 140, § 121 definition. Standard three-part test (weapon, capable of discharge, barrel under 16 inches or 18 inches for shotgun). Excludes covert weapons and weapons undetectable by airport security. Commonwealth not required to prove defendant knew item met legal definition if conventional firearm.