Home / Jury instructions / HAWJIC 15.07
HAWJIC 15.07
POSSESSION OR CONTROL OF A FIREARM OR AMMUNITION FOR A FIREARM BY A PERSON CONVICTED OF SPECIFIED CRIMES
Hawaiʻi Pattern Jury Instructions — Criminal · 06/29/00 · compendium p. 934
Statutes:§134-7
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person Convicted of 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, prior to (date alleged in element 1), the Defendant was convicted of committing [(specify felony)]
[(specify crime of violence)] [(specify offense alleging illegal sale of a drug)]; and
5. 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 he/she had previously been convicted of committing [(specify felony)]
[(specify crime of violence)] [(specify offense alleging illegal sale of a drug)].
POSSESSION OR CONTROL OF A FIREARM OR AMMUNITION FOR A FIREARM BY A PERSON CONVICTED OF 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 Convicted of Specified Crimes. A person commits the offense of Possession or Control of a Firearm or Ammunition for a Firearm by a Person Convicted of Specified Crimes if, having been previously convicted of committing [(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 Convicted of 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, prior to (date alleged in element 1), the Defendant was convicted of committing [(specify felony)]
[(specify crime of violence)] [(specify offense alleging illegal sale of a drug)]; and
5. 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 he/she had previously been convicted of committing [(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 was unable to agree on the applicable state of mind for ownership.
Also references
Verify against the current official HAWJIC compendium.