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Criminal Jury Instructions

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8.2-17  Carrying a Firearm while Intoxicated -- § 53-206d (a)

Revised to December 1, 2007

The defendant is charged [in count __] with carrying a firearm while intoxicated.  The statute defining this offense reads in pertinent part as follows:

no person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon (his/her) person while <insert as appropriate:>

  • under the influence of (intoxicating liquor / any drug / both)
  • the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

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

Element 1 - Carried a firearm
The first element is that the defendant carried a <insert type of weapon> upon (his/her) person.  A weapon is "carried" if it is on one's person and within one's control or dominion, meaning that the person must be aware of its presence.1

Element 2 - Loaded and operable
The second element is that the <insert type of weapon> was loaded and capable of firing a shot.

Element 3 - While under the influence of intoxicating liquor or drug
The third element is that the defendant <insert as appropriate:>

  • was under the influence of (intoxicating liquor / any drug / both).  A person is under the influence of (intoxicating liquor / any drug / both) when as a result of (drinking such beverage / ingesting such drug) that person's mental, physical, or nervous processes have become so affected that the person lacks to an appreciable degree the ability to function properly in relation to the carrying of a firearm.2
  • had a ratio of alcohol in (his/her) blood which was ten-hundredths of one per cent or more of alcohol by weight.3

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant carried a firearm, 2) the firearm was loaded and operable, and 3) (he/she) was <insert specific allegations as to defendant's condition>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of carrying a firearm while intoxicated, 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 State v. Hopes, 26 Conn. App. 367, 375, cert. denied, 221 Conn. 915 (1992).

2 Definition of "under the influence" is derived from cases involving driving under the influence.  See, e.g., State v. Gordon, 84 Conn. App. 519, 527, cert. denied, 271 Conn. 941 (2004).

3 Note that the language of this statute does not conform to the standards provided in General Statutes § 14-227a, Driving Under the Influence, regarding blood alcohol content.
 


 

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