Home / Jury instructions / HAWJIC 15.03
HAWJIC 15.03
PLACE TO KEEP A FIREARM
Hawaiʻi Pattern Jury Instructions — Criminal · 06/29/00 · compendium p. 924
Statutes:§134-6
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Place to Keep a Firearm, each of which the prosecution must prove beyond a reasonable doubt.
These seven elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant knowingly [carried] [possessed] the object in question; and
2. That the object in question was a firearm or ammunition; and
3. That, at the time he/she [carried] [possessed] the object in question, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that the object was a firearm or ammunition; and
4. That, at that time, the Defendant was in a place other than his/her place of business, residence, or sojourn; and
5. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she was in a place other than his/her place of business, residence, or sojourn; and
6. That, at that time, the Defendant did not have a license to carry; and
7. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she did not have a license to carry.
“License to carry” means a license to carry a pistol or revolver and ammunition therefor issued by the chief of police of the [City and] County of (name of county).
PLACE TO KEEP A FIREARM: H.R.S. § 134-6(c) and (e)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Place to Keep a Firearm. A person commits the offense of Place to Keep a Firearm if he/she [carries] [possesses] a firearm or ammunition in a place other than his/her place of business, residence, or sojourn, without a license to carry.
There are seven material elements of the offense of Place to Keep a Firearm, each of which the prosecution must prove beyond a reasonable doubt.
These seven elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant knowingly [carried] [possessed] the object in question; and
2. That the object in question was a firearm or ammunition; and
3. That, at the time he/she [carried] [possessed] the object in question, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that the object was a firearm or ammunition; and
4. That, at that time, the Defendant was in a place other than his/her place of business, residence, or sojourn; and
5. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she was in a place other than his/her place of business, residence, or sojourn; and
6. That, at that time, the Defendant did not have a license to carry; and
7. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she did not have a license to carry.
“License to carry” means a license to carry a pistol or revolver and ammunition therefor issued by the chief of police of the [City and] County of (name of county).
Notes HRS §§ 134-6(c) and (e), 702-206(1), (2) and (3), 702-202, 702- 204; State v. Jenkins, No. 22071, slip op. (Apr. 6, 2000). For definition of states of mind, see instructions: For definition of terms defined by HRS Chapter 134, see instruction: For statutory exemptions to HRS § 134-6(c), see instruction For an instruction on lawful carrying of unloaded firearms or ammunition, or both, see instruction 15.03A. This instruction does not apply where the State alleges that the Defendant was traveling between two authorized locations but the firearm or ammunition was not in an appropriate container.
Verify against the current official HAWJIC compendium.