POSSESSION OF PROHIBITED AMMUNITION

POSSESSION OF PROHIBITED AMMUNITION: 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 Prohibited Ammunition. A person commits the offense of Possession of Prohibited Ammunition if he/she possesses prohibited ammunition. There are three material elements of the offense of Possession of Prohibited Ammunition, 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 prohibited ammunition; 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 prohibited ammunition. “Prohibited ammunition” means any type of ammunition or projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor, or any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target. 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 instruction: 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.