It shall be unlawful for any person to remove, deface, alter, obliterate or mutilate in any manner the serial number or identification number of a firearm. It shall also be unlawful for any person to receive a firearm with knowledge that its serial number or identification number has been removed, defaced, altered, obliterated or mutilated in any manner. Under Massachusetts criminal law, the crime of Defacing a Firearm Serial Number or Receiving a Firearm with a Defaced Serial Number may be found at Massachusetts General Laws, Chapter 269, Section 11C.
Possession or control of such firearm where the serial number or identification number has been removed, defaced, altered, obliterated or mutilated in any manner will be evidence that the person having such possession or control is guilty. However, such evidence may be rebutted by evidence that such person had no knowledge what so ever that such number had been removed, defaced, altered, obliterated or mutilated.
Firearms are manufactured for individualized and unique markings to the individual weapon. This includes a serial number placed on the firearm by the manufacturer. These markings are used to track the sale, transfer and ownership throughout the United States.
The tracking of firearms contributes to their lawful use, possession, ownership and regulation. Criminals often seek to remove a firearms individual markings and/or serial numbers to avoid detection and/or identification by law enforcement.
To combat this particular activity, the law criminalizes any efforts to alter or destroy a firearm serial number or identification number of a firearm, as well as the possession of such a firearm by any individual, even if the possessor was not responsible for making the alteration.
Legal Elements for Defacing a Firearm Serial Number
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In order to be found guilty of Defacing a Firearm Serial Number under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the item in question was a firearm
- that the defendant knew it was a firearm
- that defendant intentionally removed, defaced, altered, obliterated or mutilated in some manner a serial number or identification number on the firearm
Legal Elements for Receiving a Firearm with a Defaced Serial Number
If the defendant is being charged with Receiving a Firearm with a Defaced Serial number, in order to be found guilty under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the item in question was a firearm
- that the defendant received the firearm
- that the defendant knew it was a firearm
- the serial number or identification number on the firearm was removed, defaced, altered, obliterated, or mutilated in manner
- that defendant knew the serial or identification number was removed, defaced, altered, obliterated or mutilated in some manner at the time he or she received it.
These legal elements also apply to possessing a firearm with a defaced serial number. One cannot possess an item, including a firearm without first having received it.
Potential Punishment if Convicted of Defacing a Firearm Serial Number or Receiving a Firearm with a Defaced Serial Number in Massachusetts
The potential consequences for Defacing a Firearm Serial Number or Receiving a Firearm with a Defaced Serial Number, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 269, Section 11C.
If convicted, a defendant may be imprisoned for a term of not less than 1 month nor more than 2 ½ years.
If you have been charged with Defacing a Firearm Serial Number or Receiving a Firearm with a Defaced Serial Number call (508) 213-9113 to schedule a free consultation with top rated Massachusetts Gun Defense Attorneys of the Law Office of John L. Calcagni III.