POSSESSION OR CONTROL OF A FIREARM OR AMMUNITION

POSSESSION OR CONTROL OF A FIREARM OR AMMUNITION FOR A FIREARM BY A PERSON CHARGED WITH SPECIFIED CRIMES: HRS § 134-7(b) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person [Who is Under Indictment] [Who has Waived Indictment] [Who has been Bound Over to Circuit Court] for Specified Crimes. A person commits the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person [Who is Under Indictment] [Who has Waived Indictment] [Who has been Bound Over to Circuit Court] for Specified Crimes if, [while under indictment] [having waived indictment] [having been bound over to circuit court] for [(specify felony)] [(specify crime of violence)] [(specify offense alleging illegal sale of a drug)], he/she possesses or controls any firearm or ammunition for a firearm. There are five material elements of the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person [Who is Under Indictment] [Who has Waived Indictment] [Who has been Bound Over to Circuit Court] for Specified Crimes, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date), in the [City and ] County of (name of county), the Defendant knowingly [possessed] [controlled] the object in question; and 2. That the object in question was a firearm or ammunition for a firearm; and 3. That, at the time he/she [possessed] [controlled] the object in question, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that the object was a firearm or ammunition for a firearm; and 4. That, at that time, the Defendant [was under indictment] [had waived indictment] [was bound over to circuit court] for [ (specify felony)] [(specify crime of violence)] [(specify offense alleging illegal sale of a drug)]; and 5. That, at that time, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that he/she [was under indictment] [had waived indictment] [was bound over to circuit court] for [(specify felony)] [(specify crime of violence)] [(specify offense alleging illegal sale of a drug)]. Notes HRS §§ 134-7(b), 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 instructions: For statutory exemptions to HRS § 134-7(b), see instruction The Committee discussed the relationship of HRS § 806-11 to this offense. The Committee was unable to agree on the applicable state of mind for ownership.