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Criminal Jury Instructions

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8.2-3  False Statement or Information in Connection with Sale or Transfer of a Pistol or Revolver or a Firearm -- § 29-34 (a) and § 29-37e

Revised to December 1, 2007

Note:  General Statutes § 29-34 (a) prohibits making a false statement in the sale or transfer of a pistol or revolver, and § 29-37e prohibits the same in the sale of any firearm other than a pistol or revolver.  The language is identical in both statutes.  Tailor the instruction according to the type of firearm at issue.

The defendant is charged [in count __] with (making a false statement / giving false information) in the sale or transfer of a (pistol or revolver / firearm).  The statute defining this offense reads in pertinent part as follows: 

no person shall (make any false statement / give any false information) connected with any purchase, sale, delivery or other transfer of any (pistol or revolver / firearm).

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt: 

Element 1 - Sold or transferred a firearm
The first element is that the defendant purchased, sold, delivered or transferred a (pistol or revolver / firearm).  The words sale, delivery and transfer have their ordinary meaning.  <Insert the appropriate definition:>

  • A "firearm"1 is any weapon from which a shot is fired by the force of an explosion. 

  • A "pistol or revolver" means any firearm having a barrel less than twelve inches.

Element 2 - False statement
The second element is that the defendant knowingly (made a false statement / knowingly gave false information) in connection with that purchase, sale, delivery or transfer.  A person acts "knowingly" with respect to conduct or to a circumstance when (he/she) is aware that (his/her) conduct is of such nature or that such circumstance exists.  <See Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant purchased, sold, delivered or transferred a (pistol or revolver / firearm), and 2) (he/she) knowingly (made a false statement / gave false information) in connection with that purchase, sale, delivery or transfer.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of (making a false statement / giving false information) in the sale or transfer of a (pistol or revolver / firearm), 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 This statute does not incorporate the definition of "firearm" in General Statutes § 53a-3 (19), so the ordinary meaning of the word is used.  It is not necessary, under this definition, that the firearm be operable.  Because the definition of "pistol or revolver" derives from General Statutes § 29-27, operability of the pistol or revolver is not a requirement.  See glossary entry for pistol or revolver.
 


 

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