Conn. Crim. Jury Instr. 8.2-16

The defendant is charged [in count__] with unlawfully carrying a weapon in a vehicle. The

statute defining this offense imposes punishment on any person who knowingly has, in any

vehicle owned, operated or occupied by such person, any (weapon / pistol or revolver for which

a proper permit has not been issued / machine gun which has not been registered).

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

beyond a reasonable doubt:

Element 1 - Vehicle

The first element is that the defendant owned, operated or occupied the vehicle.

Element 2 - Weapon

The second element is that the defendant had a (weapon / pistol or revolver / machine gun) in the

vehicle. <Insert the appropriate definition(s):>

• The term “weapon” includes <insert one of the following:>

o BB gun.

o blackjack.

o metal or brass knuckles.

o any dirk knife.

o any switch knife.

o any knife having an automatic spring release device by which a blade is released from

the handle, having a blade of over one and one-half inches in length.

o stiletto.

o any knife the edged portion of the blade of which is four inches or more in length.

o any police baton or nightstick.

o any martial arts weapon or electronic defense weapon.

o any other dangerous or deadly weapon or instrument.

• The term “pistol or revolver” means any firearm having a barrel less than twelve inches.

• The term “machine gun” applies to and includes a weapon of any description, loaded or

unloaded, which shoots, is designed to shoot or can be readily restored to shoot

automatically more than one projectile, without manual reloading, by a single function of

the trigger, and shall also include any part or combination of parts designed for use in

converting a weapon into a machine gun and any combination of parts from which a

machine gun can be assembled if such parts are in possession of or under the control of a

person.

Element 3 - Knowledge

The third element is that the defendant knew the (weapon / pistol or revolver / machine gun) was

in the vehicle. 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.>

[Element 4 - No permit or registration2

The fourth element is that the defendant had no (permit for the pistol or revolver / registration for

the machine gun).3]

Conclusion

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

operated or occupied the vehicle, 2) (he/she) had a <insert type of weapon> in the vehicle, [and]

3) (he/she) knew that the <insert type of weapon> was in the vehicle, [and 4) (he/she) had no

(permit for the pistol or revolver/ registration for the machine gun).]

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

of the crime of having a weapon in a motor vehicle, 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 Because the definition of “pistol or revolver” derives from General Statutes § 29-27, operability

of the pistol or revolver is not a requirement of this offense. See glossary entry for pistol or

revolver.

2 General Statutes § 29-28 requires a permit for all pistols and revolvers. General Statutes § 53-

202 requires all machine guns to be registered. A permit or registration is not applicable to other

weapons, so this element should not be included when the allegation is of such a weapon.

3 It must be shown that no one in the vehicle had a permit for the pistol or revolver. See State v.

Smith, 9 Conn. App. 330, 339 (1986).