Conn. Crim. Jury Instr. 8.2-14

The defendant is charged [in count__] with the possession of a weapon on school grounds. The

statute defining this offense reads in pertinent part as follows:

a person is guilty of possession of a weapon on school grounds when, knowing that

such person is not licensed or privileged to do so, such person possesses a (firearm /

deadly weapon) (in or on the real property comprising a public or private elementary

or secondary school / at a school-sponsored activity).

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 firearm or deadly weapon

The first element is that the defendant possessed a (firearm / deadly weapon). <Insert

appropriate definition(s):>

• “Firearm” is defined by statute as any sawed-off shotgun, machine gun, rifle, shotgun,

pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be

discharged. You must find that the firearm was operable at the time the defendant

possessed it.

[<Include if appropriate:> For an instrument to meet the statutory definition of “other

weapon,” the state must have proven that the instrument is both designed for violence and

capable of inflicting death or serious bodily harm.

2]

• “Deadly weapon” is defined by statute as any weapon, whether loaded or unloaded, from

which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack,

bludgeon, or metal knuckles. If the weapon is a firearm, it may be unloaded, but it must

be in such condition that a shot may be discharged from it. Thus, if the weapon is loaded

but not in working order, it is not a deadly weapon. If the weapon is unloaded but in

working order, it is a deadly weapon.

“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 - On school grounds

The second element is that the defendant was (on the real property comprising a public or private

elementary or secondary school / at a school-sponsored event). [“School-sponsored activity”

means “any activity sponsored, recognized or authorized by a board of education and includes

activities conducted on or off school property.”4]

Element 3 - With knowledge

The third element is that the defendant knew that (he/she) was not licensed or privileged to do so.

The phrase “license or privilege” means having been given permission or right to do so. A

person acts “knowingly” with respect to conduct or to a circumstance when (he/she) is aware that

(his/her) conduct is of such nature or that such circumstance exists. <See Knowledge, Instruction

2.3-3.>

Conclusion

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

(firearm / deadly weapon), 2) (he/she) was (on school grounds / at a school-sponsored event),

and 3) (he/she) knew that (he/she) was not licensed or privileged to do so.

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

of the crime of possession of a weapon on school grounds, 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 The definition of “firearm” as found in General Statutes § 53a-3 (19), which applies to this

offense, requires that the firearm be operable.

2 See State v. Lopez, 341 Conn. 793, 807 (2022) (state failed to prove that airsoft pellet gun was

“weapon” and, therefore, “firearm” within the meaning of General Statutes § 53a-3 (19) because

it produced no evidence to show that it was designed for violence or that it was capable of

causing death or serious bodily harm); see also State v. Coauette, 601 N.W.2d 443, 446-47

(Minn. App. 1999) (paintball gun not a firearm because it was “designed for use in a game and . .

. its projectiles are [liquid paint] capsules designed to burst on impact, rather than to pierce”),

review denied, Minnesota Supreme Court, Docket No. C4-98-2286 (Minn. December 14, 1999);

cf. State v. Grant, 294 Conn. 151, 156 (2009) (evidence that BB gun “was capable of discharging

shot that could cause serious bodily injury” established that it was a “weapon” and, hence,

“firearm” within meaning of § 53a-3 (19)); State v. Hardy, 278 Conn. 113, 117-18 (2006)

(operating manual stating that BB gun was “not a toy” and could “cause serious injury or death”

sufficient to establish that it was a “deadly weapon” within meaning of General Statutes § 53a-3

(6)).

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

tailored to the allegations.

4 General Statutes § 10-233a (h), which is specifically incorporated into § 53a-217b.