POSSESSION OF A PROHIBITED WEAPON

POSSESSION OF A PROHIBITED WEAPON: HRS § 134-8 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Possession of a Prohibited Weapon. A person commits the offense of Possession of a Prohibited Weapon if he/she possesses a prohibited weapon. There are three material elements of the offense of Possession of a Prohibited Weapon, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant knowingly possessed the object in question; and 2. That the object in question was a prohibited weapon; and 3. That, at the time he/she possessed the object in question, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that the object was a prohibited weapon. “Prohibited weapon” means an assault pistol*, an automatic firearm, a rifle with a barrel length less than sixteen inches, a shotgun with a barrel length less than eighteen inches, a cannon, a muffler, a silencer, a device for deadening or muffling the sound of discharged firearms, a hand grenade, dynamite, a blasting cap, a bomb, a bombshell, or other explosives. Notes HRS §§ 134-8, 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 § 134-8, see instruction The Committee was unable to agree on the applicable state of mind for manufacture, sale, barter, trade, gift, transfer, or acquisition. *For the circumstances under which an assault pistol is not a prohibited weapon, and which circumstances, if applicable, may require an additional instruction by the court, see HRS § 134- 4(e).