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Criminal Jury Instructions

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8.2-27  Transportation of Assault Weapon -- § 53-202f

Revised to December 1, 2007

The defendant is charged [in count __] with illegal transporting of an assault weapon.  The statute defining this offense reads in pertinent part as follows: 

no person shall <insert as appropriate:>

  • carry a loaded assault weapon concealed from public view.

  • knowingly have, in any motor vehicle owned, operated, or occupied by (him/her) <insert as appropriate:>

    • a loaded assault weapon.

    • an unloaded assault weapon unless such weapon is kept in the trunk of such vehicle or in a case or other container which is inaccessible to the operator of or any passenger in such vehicle.

This statute prohibits the transportation of assault weapons that are possessed legally pursuant to a certificate of possession issued by the department of public safety.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable doubt that <insert as appropriate:>

  • the defendant carried a loaded assault weapon concealed from public view.

  • the defendant knowingly had a loaded assault weapon in a motor vehicle owned, operated or occupied by him/her.

  • the defendant knowingly had an unloaded assault weapon in a motor vehicle owned, operated or occupied by him/her unless (a) such weapon was kept in the trunk of such vehicle or (b) such weapon was kept in a case or container that was inaccessible to the operator of or any passenger in such vehicle.

"Assault weapon" is defined by statute and includes <insert type of assault weapon>.1

[<If allegations require knowledge:  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 <summarize allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the transportation 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 The term assault weapon is defined 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

The word "carry" is not defined.  In State v. Hopes, 26 Conn. App. 367, 374 (1992), the Appellate Court concluded, in the context of General Statutes § 29-35, carrying a pistol or revolver without a permit, that "asportation or movement is not a necessary element to establish a violation."
 


 

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