CARRYING FIREARM ON PERSON WITHOUT LICENSE

CARRYING FIREARM ON PERSON WITHOUT LICENSE: HRS § 134-9 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Carrying Firearm on Person Without License. A person commits the offense of Carrying Firearm on Person Without License if he/she carries on his/her person a pistol or revolver, whether concealed or unconcealed, without a license to carry. There are five material elements of the offense of Carrying Firearm on Person Without License, 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 carried on his/her person the object in question, whether concealed or unconcealed; and 2. That the object in question was a pistol or revolver; and 3. That, at the time he/she carried the object in question, the Defendant believed, knew, or recklessly disregarded the substantial and unjustifiable risk, that the object was a pistol or revolver; and 4. That, at that time, the Defendant did not have a license to carry; and 5. 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 §§ 134-9, 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 § 134-9, see instruction