Ala. Pattern Jury Instr. (Criminal) 13A-11-72(A)

Certain Persons Forbidden to Possess Firearm

The defendant is charged with ex-felon in possession of a firearm.

A person commits the crime of ex-felon in possession of a firearm if he/she owns

a firearm or has a firearm in his/her possession or under his/her control and he/she has

been convicted in this state or elsewhere of committing or attempting to commit a crime

of violence, a misdemeanor offense of domestic violence, a listed violent offense, or is

subject to a valid protection order for domestic abuse, or is of unsound mind.

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

elements:

(1) The defendant owned a firearm or had a firearm in his/her possession or under

his/her control;

(2) [Read as appropriate]:

(A) The defendant had been convicted in this state or elsewhere of committing

or attempting to commit: [Read as appropriate]:

1. A crime of violence, [insert crime];

2. A misdemeanor offense of domestic violence,[insert crime]; [OR]

3. A listed violent offense, [insert offense(s) from list in 12-25-32];

[OR]

(B) The defendant was subject to a valid protection order for domestic abuse;

[OR]

(C) The defendant was of unsound mind;

(AND)

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

USE NOTEs].

A firearm is a weapon from which a shot is discharged by gunpowder. [13A-11-

62(1); 13A-8-1(5)]

[Read as appropriate]: A pistol is a firearm with a barrel less than 12 inches in

length. [13A-11-70(1)]

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

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

[Read as appropriate]: The term convicted as used in this section requires that

the person was represented by counsel in the case, or knowingly and intelligently waived

the right to counsel in the case if required by law, and either the case was tried before a

judge, tried by a jury, or the person knowingly and intelligently waived the right to have

the case tried, by guilty plea or otherwise. [13A-11-72(k)(1)]

[Read as appropriate]: A person may not be considered to have been convicted

for the purposes of this section if the person is not considered to have been convicted in

the jurisdiction in which the proceedings were held or the conviction has been expunged,

set aside, or is of an offense for which the person has been pardoned or has had civil

rights restored, unless the pardon, expungement, or restoration of civil rights expressly

provides that the person may not ship, transport, possess, or receive firearms. [13A-11-

72(k)(2)]

[Read as appropriate]: A crime of violence is any of the following crimes or an

attempt to commit any of them, namely, murder, manslaughter, (except manslaughter

arising out of the operation of a vehicle), rape, mayhem, assault with intent to rob, assault

with intent to ravish, assault with intent to murder, robbery, burglary, and kidnapping.

"Crime of violence" shall also mean any Class A felony or any Class B felony that has as

an element serious physical injury, the distribution or manufacture of a controlled

substance, or is of a sexual nature involving a child under the age of 12. [13A-11-70(2)]

[Read as appropriate]: Misdemeanor offense of domestic violence is a

misdemeanor offense that has, as its elements, the use or attempted use of physical force

or the threatened use of a dangerous instrument or deadly weapon, and the victim is a

current or former spouse, parent, child, person with whom the defendant has a child in

common, or a present or former household member. [13A-11-72(l)]

[Read as appropriate]: A valid protection order means an order issued after a

hearing of which the person received actual notice, and at which the person had an

opportunity to participate, that does any of the following:

(1) Restrains the person from harassing, stalking, or threatening a qualified

individual or child of the qualified individual or person or engaging in other

conduct that would place a qualified individual in reasonable fear of bodily injury

to the individual or child and that includes a finding that the person represents

a credible threat to the physical safety of the qualified individual or child.

(2) By its terms, explicitly prohibits the use, attempted use, or threatened use of

physical force against the qualified individual or child that would reasonably be

expected to cause bodily injury.

[13A-11-72(m)]

[Read as appropriate]: A qualified individual as used in the definition of a valid

protection order is a spouse or former spouse of the person, an individual who is a parent

of a child of the person, or an individual who cohabitates or has cohabited with the person.

[13A-11-72(n)

[Read as appropriate]: Unsound mind includes any person who is subject to any

of the findings listed below, and who has not had his or her rights to possess a firearm

reinstated by operation of law or legal process:

(1) Found by a court, board, commission, or other lawful authority that, as a result

of marked subnormal intelligence, mental illness, incompetency, condition, or

disease, is a danger to himself or herself or others or lacks the mental capacity

to contract or manage his or her own affairs.

(2) Found to be insane, not guilty by reason of mental disease or defect, found

mentally incompetent to stand trial, or found not guilty by a reason of lack of

mental responsibility by a court in a criminal case, to include state, federal and

military courts.

(3) Involuntarily committed for a final commitment for inpatient treatment to the

Department of Mental Health or a Veterans' Administration hospital by a court

after a hearing.

[13A-11-72(o)]

[Read as appropriate:] A minor cannot be found guilty of this offense if the minor

has permission to possess a pistol from a parent or legal guardian who is not prohibited

from possessing a firearm under state or federal law, and any of the following are

satisfied:

(1) The minor is attending a hunter education course or a firearms safety course

under the supervision of an adult who is not prohibited from possessing a

firearm under state or federal law;

(2) The minor is engaging in practice in the use of a firearm or target shooting at

an established range under the supervision of an adult who is not prohibited

from possessing a firearm under state or federal law;

(3) The minor is engaging in an organized competition involving the use of a

firearm or participating in or practicing for a performance by an organized group

under 26 U.S.C. § 501(c)(3) which uses firearms as part of the performance;

(4) The minor is hunting or fishing pursuant to a valid license, if required, and the

person has the license in his or her possession; has written permission of the

owner or legal possessor of the land on which the activities are being

conducted; and the pistol, when loaded, is carried only in a manner discernible

by ordinary observation;

(5) The minor is on real property under the control of the minor's parent, legal

guardian, or grandparent;

(6) The minor is a member of the armed services or National Guard and the minor

is acting in the line of duty; (OR)

(7) The minor is traveling by motor vehicle to any of the locations or activities listed

in subdivisions (1) through (6), has written permission to possess the pistol by

his/her parent or legal guardian, and the pistol is unloaded, locked in a

compartment or container that is in or affixed securely to the motor vehicle and

is out of reach of the driver and any passenger in the motor vehicle.

[13A-11-72(f)]

[Read as appropriate:] A minor cannot be found guilty of this offense if he/she

uses a pistol while acting in self-defense of himself/herself or other persons against an

intruder into the residence of the minor or a residence in which the minor is an invited

guest. [13A-11-72(g)]

[Read as appropriate]: A person cannot be found guilty of this offense if he/she

purchased, possessed or sold pistols as curiosities or ornaments or transported such

pistols unloaded and in a bag, box or securely wrapped package, not concealed on the

person. [13A-11-83]

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

each of the above elements of ex-felon in possession of a firearm, then you shall find the

defendant guilty of ex-felon in possession of a firearm.

If you find that the State has failed to prove any one or more of the elements of ex-felon in possession of a firearm, then you cannot find the defendant guilty of ex-felon in

possession of a firearm.