Ala. Pattern Jury Instr. (Criminal) 13A-11-63

Possession or Sale of Short-barreled Rifle or Short-barreled Shotgun

The defendant is charged with possession or sale of short-barreled rifle or short-barreled shotgun.

A person commits the crime of possession or sale of short-barreled rifle or short-barreled shotgun if he/she possesses, obtains, receives, sells, or uses a short-barreled

rifle or a short-barreled shotgun in violation of federal law.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant possessed, obtained, received, sold, or used a short-barreled

rifle or a short-barreled shotgun;

(2) The defendant did so in violation of federal law, [insert name of law]; (AND)

(3) The defendant acted [INSERT APPROPRIATE MENS REA ELEMENT - SEE

USE NOTE].

[Insert the applicable federal law.]

To possess means to have physical possession or otherwise to exercise dominion

or control over tangible property. [13A-1-2(13)]

A short-barreled rifle is a rifle having one or more barrels less than 16 inches in

length and any weapon made from a rifle (whether by alteration, modification, or

otherwise) if such weapon, as modified, has an overall length of less than 26 inches. [13A-

11-62(4)]

A rifle is any weapon designed or redesigned, made or remade, and intended to

be fired from the shoulder and designed or redesigned and made or remade to use the

energy of the explosive in a fixed metallic cartridge to fire only a single projectile through

a rifled bore for each pull of the trigger. [13A-11-62(2)]

A short-barreled shotgun is a shotgun having one or more barrels less than 18

inches in length and any weapon made from a shotgun (whether by alteration,

modification, or otherwise) if such weapon as modified has an overall length of less than

26 inches. [13A-11-62(5)]

A shotgun is a weapon designed or redesigned, made or remade, and intended to

be fired from the shoulder and designed or redesigned and made or remade to use the

energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a

number of ball shot or a single projectile for each single pull of the trigger. [13A-11-62(3)]

[Read as appropriate]: This section does not apply to a peace officer who

possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled

shotgun in the course of or in connection with his or her official duties. [13A-11-63(b)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of possession or sale of short-barreled rifle or short-barreled

shotgun, then you shall find the defendant guilty of possession or sale of short-barreled

rifle or short-barreled shotgun.

If you find that the State has failed to prove any one or more of the elements of

possession or sale of short-barreled rifle or short-barreled shotgun, then you cannot find

the defendant guilty of possession or sale of short-barreled rifle or short-barreled shotgun.