COLJI-Crim. H:63

The evidence presented in this case has raised the affirmative defense

of [“permissible location”] [“valid permit”] as a defense to unlawful

possession of a weapon on [school] [college] [university] grounds.

The defendant’s conduct was legally authorized if:

[1. the weapon was unloaded, and

2. it remained inside a motor vehicle while upon the real estate of

any [public] [private] [college] [university] [seminary].]

[1. he [she] was in his [her] own [dwelling] [place of business] [, or

on property owned or under his [her] control] at the time of the

act of carrying.]

[1. he [she] was in a private [automobile] [means of conveyance],

and

2. was carrying the weapon for lawful protection of [[his] [her]

[another’s]] [person] [property],

3. while traveling.]

[1. the weapon involved was a handgun, and

2. at the time of carrying a concealed weapon, he [she] she held [a

valid permit to carry a concealed handgun] [a valid temporary

emergency permit to carry a concealed handgun], and

3. [he] [she] was carrying the concealed handgun [on the real

property, or into any improvements erected thereon, of a public

elementary, middle, junior high, or high school in accordance

with the authority granted by law] [in a parking area of a

licensed child care center or a public or private college,

university, or seminary].]

[1. he [she] was a [school resource officer] [peace officer], and

2. he [she] was carrying a weapon in conformance with the policy

of his [her] employing agency.]

[1. he [she] had possession of the weapon for use in an educational

program approved by a school (including, but not limited to,

any course designed for the repair or maintenance of

weapons).]

[1. the weapon involved was a firearm, and

2. [he] [she] was employed or retained as security personnel by a

licensed child care center or a public or private college,

university, or seminary, and

3. [he] [she] was carrying the firearm while engaged in [his] [her]

official duties as security personnel.]

[1. a licensed child care center was on the same real estate as

another building or improvement that was not a school and

that was open to the public, and

2. the defendant was carrying a firearm on an area of real estate or

any improvement thereon that was not designated as a licensed

child care center.]

The prosecution has the burden to prove, beyond a reasonable doubt,

that the defendant’s conduct was not legally authorized by this defense. In

order to meet this burden of proof, the prosecution must disprove, beyond

a reasonable doubt, [at least one of] the above numbered condition[s].

After considering all the evidence, if you decide the prosecution has

failed to meet this burden of proof, then the prosecution has failed to prove

the defendant’s conduct was not legally authorized by this defense, which

is an essential element of unlawful possession of a weapon on [school]

[college] [university] grounds. In that event, you must return a verdict of

not guilty of unlawful possession of a weapon on [school] [college]

[university] grounds.

After considering all the evidence, if you decide the prosecution has

met this burden of proof, then the prosecution has proved the defendant’s

conduct was not legally authorized by this defense. In that event, your

verdict concerning the charge of unlawful possession of a weapon on

[school] [college] [university] grounds must depend upon your

determination whether the prosecution has met its burden of proof with

respect to the remaining elements of that offense.