Ala. Pattern Jury Instr. (Criminal) 13A-11-78

Selling Pistol Without License

The defendant is charged with selling a pistol without a license.

A person commits the crime of selling a pistol without a license if he/she is a retail

dealer and sells or otherwise transfers, or exposes for sale or transfer, or have in his/her

possession with intent to sell, or otherwise transfer, any pistol without being licensed.

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

elements:

(1) The defendant was a retail dealer;

(2) The defendant [Read as appropriate]:

(A) Sold or otherwise transferred a pistol;

(B) Exposed for sale or transfer a pistol; (OR)

(C) Had in his/her possession with intent to sell, or otherwise transfer, a pistol;

(3) The defendant was not licensed to do so [Read as appropriate]: [insert

appropriate language from 13A-11-79 governing licensing]; (AND)

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

USE NOTE].

A pistol is a firearm with a barrel less than 12 inches in length. [13A-11-70(1)]

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

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

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

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

[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]

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense, when his/her purpose is to cause that result or to engage in

that conduct. [13A-2-2(1)]

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

each of the above elements of selling a pistol without a license, then you shall find the

defendant guilty of selling a pistol without a license.

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

selling a pistol without a license, then you cannot find the defendant guilty of selling a

pistol without a license.