COLJI-Crim. H:65

The evidence presented in this case has raised the affirmative defense

of “permissible purpose,” as a defense to possession of a handgun by a

juvenile.

The defendant’s conduct was legally authorized if:

[1. he [she] was in attendance at a hunter’s safety course or a

firearms safety course.]

[1. he [she] was engaging in practice in the use of a firearm or

target shooting,

2. at an established range authorized by the governing body of

the jurisdiction in which such range was located or any other

area where the discharge of a firearm was not prohibited.]

[1. he [she] was engaging in an organized competition involving

the use of a firearm or participating in or practicing for a

performance by [insert name of a group organized under

501(c)(3) as determined by the federal internal revenue service]

which uses firearms as a part of such performance.]

[1. hunting or trapping pursuant to a valid [insert description a

license pursuant to article 4 of title 33, C.R.S.] issued to him

[her].]

[1. traveling with any handgun in his [her] possession,

2. being unloaded,

3. to or from any [insert description of activity described in

subparagraph (I), (II), (III), or (IV) of section 18-12-108.5(2)(a)].]

[1. he [she] was on real property under the control of his [her]

parent, legal guardian, grandparent, and

2. he [she] had the permission of his [her] parent, legal guardian,

to possess a handgun.]

[1. he [she] was at his [her] residence, and

2. with the permission of his [her] [parent] [legal guardian,

3. possessed a handgun for the purpose of exercising the right

[insert a description of the right of self-defense, as defined by

section 18-1-704, or of the right to use deadly force against an

intruder, as defined by section 18-1-704.5].]

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 possession of a handgun by a juvenile. In that

event, you must return a verdict of not guilty of possession of a handgun

by a juvenile.

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 possession of a handgun by a juvenile

must depend upon your determination whether the prosecution has met its

burden of proof with respect to the remaining elements of that offense.