COLJI-Crim. H:67.2

The evidence presented in this case has raised the affirmative defense

of “lawful ownership,” as a defense to unlawful sale, transfer, or

possession of a large-capacity magazine.

The defendant’s conduct was legally authorized if:

1. he [she] owned the large-capacity magazine on July 1, 2013, and

2. he [she] maintained continuous possession of the large-capacity

magazine.

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 conditions.

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 sale, transfer, or possession of a large-capacity magazine. In that event, you must return a verdict of not guilty of

unlawful sale, transfer, or possession of a large-capacity magazine.

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 sale, transfer, or possession of a

large-capacity magazine must depend upon your determination whether

the prosecution has met its burden of proof with respect to the remaining

elements of that offense.