Phoenix Arizona Jury Instruction — Possession of Firearm Having Altered or Obliterated Serial Number In Phoenix, Arizona, jury instructions are provided to jurors to guide them in understanding the legal elements of various criminal offenses. One of these instructions involves the offense of Possession of a Firearm Having an Altered or Obliterated Serial Number. This instruction is relevant when a person is accused of unlawfully possessing a firearm where the serial number has been tampered with. Possession of a firearm with an altered or obliterated serial number is a serious offense in Phoenix, Arizona. The purpose of the jury instruction is to define the elements of the offense so that the jurors can make an informed decision regarding the defendant's guilt or innocence. The jury instruction typically consists of the following key points: 1. Definition of Possession: The instruction will explain the legal definition of possession in the context of firearms. It will clarify that possession can be actual or constructive, meaning the defendant either physically had the firearm or had control or dominion over it. 2. Altered or Obliterated Serial Number: The instruction will define what constitutes an altered or obliterated serial number. It will emphasize that any intentional tampering, defacing, or removal of the serial number, regardless of the method used, falls under this offense. 3. Knowledge or Intention: The instruction will highlight that the prosecution must prove that the defendant had knowledge that the firearm's serial number was altered or obliterated. Alternatively, it may require proof that the defendant intentionally altered or obliterated the serial number. 4. Illegal Possession: The instruction will specify that the possession of a firearm with an altered or obliterated serial number is illegal under Arizona law. This offense aims to prevent the possession of firearms with obscured identification markings, which could hinder criminal investigations. 5. Intent Requirement: In some cases, the jury instruction may mention that the prosecution must prove that the defendant possessed the firearm with the intent to sell, transfer, or dispose of it. This additional element demonstrates the intention to engage in potentially illegal activities with the altered firearm. It is essential to note that this type of jury instruction may vary slightly depending on the specific circumstances or the judge's discretion. However, the overall purpose remains the same — to provide jurors with clear guidance on the legal elements and requirements for proving the offense of Possession of a Firearm Having an Altered or Obliterated Serial Number. Different types of Phoenix Arizona Jury Instruction — Possession of Firearm Having Altered or Obliterated Serial Number: 1. Simple Possession: This instruction addresses cases where the defendant is accused of merely possessing a firearm with an altered or obliterated serial number without any additional intent to sell, transfer, or dispose of it unlawfully. 2. Possession with Intent to Sell or Dispose: This instruction applies when the prosecution alleges that the defendant possessed the firearm with the intention to sell, transfer, or dispose of it in an illegal manner. 3. Enhanced Penalties: In certain circumstances, additional factors may apply, leading to enhanced penalties for the offense. These factors may include prior felony convictions, possession of multiple firearms, or connection to other criminal activities. In such cases, the jury instruction will explain the potential consequences of these aggravating factors. Proper understanding of the Phoenix Arizona Jury Instruction — Possession of Firearm Having Altered or Obliterated Serial Number is crucial for jurors to make an informed decision about the defendant's guilt or innocence. It ensures that justice is served while upholding the importance of firearm identification and public safety.