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HAWJIC 15.04
LOADED FIREARM ON A PUBLIC HIGHWAY
Hawaiʻi Pattern Jury Instructions — Criminal · 06/29/00 · compendium p. 927
Statutes:§134-6
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Loaded Firearm on a Public Highway, 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 on his/her person] [had in his/her possession] [carried in a vehicle] the object in question; and
2. That the object in question was a firearm loaded with 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 loaded with ammunition; and
4. That, at that time, the Defendant was on a public highway; and
5. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she was on a public highway; 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).
LOADED FIREARM ON A PUBLIC HIGHWAY: H.R.S. § 134-6(d)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Loaded Firearm on a Public Highway. A person commits the offense of Loaded Firearm on a Public Highway if, while on a public highway, he/she [carries on his/her person] [has in his/her possession] [carries in a vehicle] a firearm loaded with ammunition, without a license to carry.
There are seven material elements of the offense of Loaded Firearm on a Public Highway, 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 on his/her person] [had in his/her possession] [carried in a vehicle] the object in question; and
2. That the object in question was a firearm loaded with 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 loaded with ammunition; and
4. That, at that time, the Defendant was on a public highway; and
5. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she was on a public highway; 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(d), 702-206(1), (2) and (3); 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(d), see instruction
Also references
Verify against the current official HAWJIC compendium.