INFERENCE: POSSESSION OF A FIREARM OR AMMUNITION WHICH HAS ANY MARK OF IDENTITY MODIFIED

INFERENCE: POSSESSION OF A FIREARM OR AMMUNITION WHICH HAS ANY MARK OF IDENTITY MODIFIED: HRS § 134-10 If you find beyond a reasonable doubt that the Defendant had possession of a firearm or ammunition upon which any mark of identity has been altered, removed, or obliterated, you may, but are not required to, infer that the Defendant altered, removed, or obliterated the mark of identity. If you do so infer, you must nevertheless consider all the evidence in the case in determining whether the State has proven beyond a reasonable doubt that the Defendant altered, removed, or obliterated the mark of identity. Notes HRS § 134-10; HRE Rule 306(a)(3). State v. Mitchell, 88 Hawai‘i 216, 965 Hawai‘i 149 (App. 1997); State v. Tabigne, 88 Hawai‘i 296, 966 P.2d 608 (1998). This instruction is appropriate when there is evidence that the Defendant had possession of a firearm or ammunition which has any mark of identity modified.