What is the crime of Altering or Removing Firearm Serial Number with Intent to Disguise True Identity or Possession of Sale or Delivery of Firearm with Serial Number Altered or Removed in Florida?

The crime of Altering or Removing Firearm Serial Number with Intent to Disguise True Identity or Possession of Sale or Delivery of Firearm with Serial Number Altered or Removed is a Third Degree Felony that is punishable by 5 years in prison and a $5,000 fine.

This offense occurs when a:

1. Person knowingly altered or removed the manufacturer’s/importer’s serial number from a firearm.
2. Person did so with the intent to disguise the true identity of the firearm. OR
3. Person knowingly sold, delivered, or possessed a firearm.
4. The manufacturer’s/importer’s serial number had been unlawfully altered or removed; and
5. The person knew the serial number had been altered or removed.

Control can be exercised over a firearm whether the firearm is carried on a person, near a person, or in a completely separate location. Mere proximity to a firearm does not establish that the person intentionally exercised control over the firearm in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the firearm or the present ability to direct its control by another. 

Possession of a firearm may be sole or joint, that is, two or more persons may possess a firearm.

Some of the defenses to Altering or Removing Firearm Serial Number with Intent to Disguise True Identity or Possession of Sale or Delivery of Firearm with Serial Number Altered or Removed are:

• Person did not act knowingly.  
• Person did not know the serial number had been removed.
• Person did not alter or remove the manufacturer’s/importer’s serial number.  

References:

KDT v. State: On knowledge of altered or removed serial number.  

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Altering or Removing Firearm Serial Number with Intent to Disguise True Identity or Possession of Sale or Delivery of Firearm with Serial Number Altered or Removed in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

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