8.68 FIREARMS—TRANSPORTATION,

SHIPMENT, POSSESSION OR RECEIPT IN COMMERCE

WITH REMOVED OR ALTERED SERIAL NUMBER

(18 U.S.C. § 922(k))

The defendant is charged in [Count _______ of] the indictment with [transporting] [shipping] [receiving] [possessing] a firearm that had the serial number removed, obliterated or altered in violation of Section 922(k) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knew that [he] [she] had [transported] [shipped] [received] [possessed] a [specify firearm] [[from one state to another] [between a foreign nation and the United States]];

Second, the serial number of the [specify firearm] had been removed, obliterated or altered; and

Third, the defendant knew that the serial number had been removed, obliterated or altered.

Comment

A serial number is "altered" if the serial number is changed in a manner that makes it appreciably more difficult to discern; it need not make tracing the gun impossible or extraordinarily difficult. United States v. Carter, 421 F.3d 909, 916 (9th Cir. 2005).

Approved 5/2020