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8.2-25 Sale or Transfer of Assault Weapon -- § 53-202b
Revised to December 1, 2007
The defendant is charged [in count __] with sale of an assault weapon. The statute defining this offense reads in pertinent part as follows:
a person is guilty of the sale or transfer of an assault weapon when such person, within this state, (distributes / transports or imports into this state / keeps for sale / offers or exposes for sale / gives away) any assault weapon.
For you to find the defendant guilty of this charge, the state must prove beyond a reasonable doubt the following elements:
Element 1 - Sold or transferred
assault weapon
The first element is that the
defendant knowingly (distributed / transported or imported into this state /
kept for sale / offered or exposed for sale / gave away) an assault weapon. "Assault
weapon" is defined by statute and includes <insert type of assault weapon>.1
The terms (distribute / transport / import / sale / give) have their ordinary
meaning.
A person acts "knowingly" when (he/she) is aware that (his/her) conduct is of such nature or that such circumstance exists. <See Knowledge, Instruction 2.3-3.>
Element 2 - Within Connecticut
The second element is that the
(distribution / transportation or importation / keeping for sale / offering or
exposing for sale / giving away) of the assault weapon took place within the
state of Connecticut. This means that the defendant's conduct must have
occurred within the state of Connecticut.
Conclusion
In summary, the state must prove beyond a reasonable doubt that the defendant (distributed / transported or imported into this state / kept for sale / offered or exposed for sale / gave away) an assault weapon within the state of Connecticut.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
sale or transfer of an assault weapon, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
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1 "Assault weapon" is defined in § 53-202b to include specifically listed models of firearms as well as firearms not specifically listed that have certain characteristics. The instruction should be tailored to the type of assault weapon alleged in the case.
Commentary
Sentence Enhancer
Section 53-202b (a) (2) provides an enhanced penalty for transfer to a person
under the age of eighteen. The jury must find this proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction 2.11-4.
Exceptions
See General Statutes § 53-202b (b)
for exceptions to culpability. "[W]here exceptions to a prohibition in a
criminal statute are situated separately from the enacting clause, the
exceptions are to be proven by the defense." (Internal quotation marks
omitted.) State v. Valinski, 254 Conn. 107, 123 (2000) (rule also
applies when the exception is found in a separate statute).