Conn. Crim. Jury Instr. 8.2-13

The defendant is charged [in count__] with criminal possession of a pistol or revolver. The

statute defining this offense reads in pertinent part as follows:

a person is guilty of criminal possession of a pistol or revolver when such person

possesses a pistol or revolver and <insert appropriate subsection:>

• § 53a-217c (a) (1): has been convicted of (a felony / certain misdemeanors <insert

alleged misdemeanor>).

• § 53a-217c (a) (2): has been convicted as delinquent for the commission of a serious

juvenile offense.2

• § 53a-217c (a) (3): has been discharged from custody within the preceding 20 years after

having been found not guilty of a crime by reason of mental disease or defect.

• § 53a-217 (a) (4) (A): was confined [on or after October 1, 2013] in a hospital for

persons with psychiatric disabilities within the preceding sixty months by order of a

probate court, or, if the person has a valid permit or certificate to carry a pistol or

revolver [in effect prior to October 1, 2013], within the preceding twelve months.

3 A

“hospital for psychiatric disabilities” means any public or private hospital, retreat,

institution, house or place in which any mentally ill person is received or detained as a

patient, but does not include any correctional institution of this state.

• § 53a-217 (a) (4) (B): was voluntarily admitted [on or after October 1, 2013] or was

committed under an emergency certificate [on or after October 1, 2023] to a hospital for

persons with psychiatric disabilities within the preceding six months for care and

treatment of a psychiatric disability unless the person: (i) was admitted or committed

solely for being an alcohol-dependent person or a drug-dependent person

4 or (ii) is a

police officer who was voluntarily admitted and had (his/her) (pistol /revolver) used in

the performance of (his/her) official duties returned in accordance with law.

5 A “hospital

for psychiatric disabilities” means any public or private hospital, retreat, institution,

house or place in which any mentally ill person is received or detained as a patient, but

does not include any correctional institution of this state.

• § 53a-217c (a) (5): knows that such person is subject to <insert one of the following:>

o (A): a restraining or protective order of a court of this state that has been issued

against such person, after notice and an opportunity to be heard has been provided to

such person, in a case involving the use, attempted use or threatened use of physical

force against another person.

o (B): a foreign order of protection6 that has been issued against such person in a case

involving the use, attempted use or threatened use of physical force against another

person.

• § 53a-217c (a) (6): knows that such person is subject to a firearms seizure order issued

[prior to June 1, 2022] after notice and an opportunity to be heard has been provided to

such person, or a risk protection order or risk protection investigation order [issued on or

after June 1, 2022].

• § 53a-217c (a) (7): is prohibited from shipping, transporting, possessing or receiving a

firearm pursuant to federal law.8

• § 53a-217c (a) (8): is an alien illegally or unlawfully in the United States.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Possessed a pistol or revolver

The first element is that the defendant possessed a pistol or revolver. A “pistol or revolver” is

any firearm having a barrel less than twelve inches.

“Possession” means either having the (substance / object) on one’s person or otherwise having

control over the (substance / object), that is, knowing where it is and being able to access it.

Possession also requires that the defendant knew that (he/she) was in possession of the firearm.

That is, that (he/she) was aware that (he/she) was in possession of it and was aware of its nature.

The state must prove beyond a reasonable doubt that the defendant knew that (he/she) was in

possession of the firearm. <See Knowledge, Instruction 2.3-3.>

<If some form of constructive possession is alleged, see Possession, Instruction 2.11-1.>

Element 2 - Possession prohibited

The second element is that at the time (he/she) possessed it, the defendant was prohibited from

possessing a pistol or revolver because (he/she) <insert as appropriate and tailor to facts and

evidence>.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant possessed a

pistol or revolver, and 2) (he/she) was prohibited from possessing the pistol or revolver at the

time because <insert specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of criminal possession of a pistol or revolver, then you shall find the defendant

guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a

reasonable doubt any of the elements, you shall then find the defendant not guilty.

1 Effective October 1, 2023, the statute includes commission of the following:

A misdemeanor violation of § 21a-279, possession of a controlled substance, on or after

October 1, 2015;

A misdemeanor violation of any of the following, committed during the last twenty years:

§ 53a-58, Criminally negligent homicide

§ 53a-61, Assault in the third degree

§ 53a-61a, Assault of an elderly, blind, disabled or pregnant person or a person

with intellectual disability in the third degree

§ 53a-62, Threatening in the second degree

§ 53a-63, Reckless endangerment in the first degree

§ 53a-96, Unlawful restraint in the second degree

§ 53a-175, Riot in the first degree

§ 53a-176, Riot in the second degree

§ 53a-178, Inciting to riot

§ 53a-181d, Stalking in the second degree; or

A misdemeanor violation of any Connecticut law designated as a family violence crime

pursuant to General Statutes § 46b-38h, committed after October 1, 2023.

2 As defined in General Statutes § 46b-120 (3).

3 The statute specifies a carrying permit issued pursuant to General Statutes § 29-28 (b), a retail

sales permit issued pursuant to General Statutes § 29-28 (a), or an eligibility certificate issued

pursuant to General Statutes § 29-36f.

4 As defined in General Statutes § 17a-680.

5 Pursuant to General Statutes § 7-291d.

6 As defined in General Statutes § 46b-15a.

7 Pursuant to General Statutes § 29-38c.

8 18 U.S.C. § 922 (g) (2), (g) (4) or (g) (9).

9 This statute specifically incorporates the definition of “pistol or revolver” found in General

Statutes § 29-27, so operability of the pistol or revolver is not a requirement of this crime. See

glossary entry for pistol or revolver.

10 Ascertain from counsel what form of possession is alleged. The definition should be narrowly

tailored to the allegations.

11 Parties often will stipulate to the reason why the defendant is prohibited from possessing a

firearm. See Stipulations, Instruction 2.6-10.