Arrestable Offenses / Crimes under Fla. Stat. 790.27
S790.27 1 - ALTER IDENTIFICATION ON WEAP - REMOVE SERIAL NUMBER FROM FIREARM - F: T
CopyCited 34 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938
...---------------------------------------------------------------------------------------- Comment This instruction was adopted in 2009.
10.18 ALTERING OR REMOVING FIREARM SERIAL NUMBER/SALE OR DELIVERY OF FIREARM WITH SERIAL NUMBER ALTERED OR REMOVED §
790.27, Fla. Stat. To prove the crime of Sale or Possession of Firearm with Altered or Removed Serial Number, the State must prove the following [two] [three] elements beyond a reasonable doubt: Give only if §
790.27(1)(a) is charged. 1. (Defendant) knowingly [altered] [removed] the [manufacturer's] [importer's] serial number from a firearm. 2. (Defendant) did so with the intent to disguise the true identity of the firearm. Give only if §
790.27(2)(a) is charged....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1989 WL 122998
...even without defendant's consent because one of the officers had observed in plain view inside a box which was affixed to the car on the passenger side evidence of another crime, i.e., a pistol, the serial numbers of which had been obliterated. See section 790.27, Florida Statutes (1987)....
CopyPublished | Florida 4th District Court of Appeal
...material fact at issue is
admissible unless precluded by a specific rule of exclusion.” Eliakim v.
State,
884 So. 2d 57, 60 (Fla. 4th DCA 2004). Here, Defendant was
charged with possession of a firearm with an altered or removed serial
number. See §
790.27(2)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 7454
COHEN, J. Appellant, B.L.S., challenges his delinquency adjudication for possession of a firearm with serial number altered or removed in violation of section 790.27(2)(a), Florida Statutes (2008), and the trial court’s failure to resentence him after granting his motion to correct sentencing error by striking the serious habitual offender (“SHO”) designation....
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 1561816
...Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee. COHEN, J. Appellant, B.L.S., challenges his delinquency adjudication for possession of a firearm with serial number altered or removed in violation of section 790.27(2)(a), Florida Statutes (2008), and the trial court's failure to resentence him after granting his motion to correct sentencing error by striking the serious habitual offender ("SHO") designation....
CopyPublished | Supreme Court of Florida
...Thus, the title as amended now is “[Altering or
Removing Firearm Serial Number with Intent to Disguise True Identity]
[Possession or Sale or Delivery of Firearm with Serial Number Altered or
Removed].” In addition, the term “knowingly” is added to the first element for the
offense charged under section 790.27(2)(a), Florida Statutes (2019)....
... APPENDIX
10.18 [ALTERING OR REMOVING FIREARM SERIAL
NUMBER WITH INTENT TO DISGUISE TRUE
IDENTITY]/ [POSSESSION OR SALE OR DELIVERY OF
FIREARM WITH SERIAL NUMBER ALTERED OR REMOVED]
§_
790.27, Fla. Stat.
To prove the crime of Sale or Possession of Firearm with Altered or
Removed Serial Number(name of crime), the State must prove the following
[two] [three] elements beyond a reasonable doubt:
Give only if §_
790.27(1)(a), Fla....
...(Defendant) knowingly [altered] [removed] the [manufacturer’s]
[importer’s] serial number from a firearm.
2. (Defendant) did so with the intent to disguise the true identity of
the firearm.
Give only if §_790.27(2)(a), Fla....
...No lesser included offenses have been identified for this offense.
[ALTERING OR REMOVING FIREARM SERIAL NUMBER WITH
INTENT TO DISGUISE TRUE IDENTITY] [POSSESSION OR SALE
OR DELIVERY OF FIREARM WITH SERIAL NUMBER ALTERED
OR REMOVED]—790.27
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 6510901, 2013 Fla. App. LEXIS 19799
NORTHCUTT, Judge. The State petitioned to have K.D.T. declared delinquent for being a minor in possession of a firearm, §
790.22(3), (5)(a) Fla. Stat. (2011); and for possession of a firearm with the serial number removed, §
790.27(2)(a)....
...e constructive possession). Thus we *256 affirm the court’s finding that K.D.T. was a minor in possession of a firearm. But the State’s evidence concerning the gun’s missing serial number was not sufficient to prove the elements of that crime. Section 790.27(2)(a) makes it unlawful for “any person to knowingly sell, deliver, or possess any firearm on which the manufacturer’s or importer’s serial number has been unlawfully altered or removed.” On the type of gun at issue here, the serial number is not engraved directly on the weapon....
...one of marijuana possession and determined that the State needed only to prove that K.D.T. knew he possessed the gun, not that he knew the serial number had been altered or removed. We disagree. We have found only one case specifically interpreting section 790.27(2)....
...Our legislature amended the drug possession statutes to provide that knowledge of the illicit nature of the controlled substance is not an element of the possession crime, but is an affirmative defense to that crime. See §
893.101, Fla. Stat. (2011); Fla. Std. Jury Instr. (Crim.) 25.7. In contrast, section
790.27(2) requires knowing possession and the standard jury instruction recites that the defendant must know the serial number has been altered or removed. See §
790.27(2); Fla....
...and Jackson cases are consistent with the statutory directive that when the language of any provision in the criminal code is susceptible of differing constructions, “it shall be construed most favorably to the accused.” §
775.021(1), Fla. Stat. (2012). The circuit court’s interpretation of section
790.27(2)(a) in this case was inconsistent with that statutory rule of construction....
...*257 Here, the State did not present any evidence other than that the serial number plate was missing. Without additional evidence such as an admission, or that it was obvious to an observer that the plate had been removed, KD.T.’s mere possession of the weapon was insufficient to prove the knowledge element of the section 790.27(2) crime....
