8.2-7 Sale of a Facsimile Firearm -- § 53-206c (b)
Revised to December 1, 2007
The defendant is charged [in count __] with the sale of a facsimile firearm. The statute that defines this offense reads in pertinent part as follows:
no person shall give, offer for sale or sell any facsimile of a firearm.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Gave, sold or
offered for sale a facsimile firearm
The first element is that the defendant gave, sold, or offered for sale a facsimile of a firearm. The terms gave, sold and offered for sale have their ordinary meaning.
Element 2 - Facsimile that
could pass as a real firearm
The second element is that the facsimile was such that it could reasonably be perceived as a real firearm.1 "Firearm" is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be discharged.2
A "facsimile of a firearm" is (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet -firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
In summary, the state must prove beyond a reasonable doubt that 1) the defendant gave, sold, or offered for sale a facsimile of a firearm, and 2) it could reasonably be perceived as a real firearm.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
sale of a facsimile 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
1 The statute provides that "[t]he provisions of this subsection shall not apply to any facsimile of a firearm, which, because of it distinct color, exaggerated size or other design features, cannot reasonably be perceived to be a real firearm."
Although § 53-206c specifically references the definition of "firearm" in §
53a-3 (19), which requires that the firearm be operable, operability is not an
issue with this offense, because the object is not a real firearm.