Possession of Firearm with Defaced Serial Number During Felony

Massachusetts General Laws Chapter 269, Section 11B punishes the possession of a gun/firearm whose serial number is defaced during the commission of a felony with imprisonment in the House of Corrections of not less than 6 months and up to 2.5 years, to state prison not less than 2.5 years and up to 5 years.

In order to be convicted of the crime of Possession of a Firearm with Defaced Serial Number During Felony, the prosecutor is required to prove, beyond a reasonable doubt:

1. That the defendant committed or attempted to commit a felony;
2. That while doing so, the defendant knowingly possessed a firearm or had a firearm under his control;
3. That the serial or identification number on that firearm had been removed, defaced, altered, obliterated or mutilated in some manner; and
4. That the defendant knew that the serial or identification number had been removed, defaced, altered, obliterated or mutilated.

For the crime of Possession of Firearm with Defaced Serial Number During Felony, the prosecutor is not required to prove that the defendant caused the damage to the serial or identification number. Nor is the prosecutor required to prove the defendant was committing or was attempting to commit any particular felony – only that he was committed or attempting to commit some felony.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with a variety of Gun / Firearms Crimes, and can help explain and protect your legal rights.

To schedule a Free Consultation and discuss your Gun / Firearm Crime with Attorney Travayiakis, Contact Us Online or call 617-325-9500.