Conn. Crim. Jury Instr. 8.2-18

The defendant is charged [in count__] with the possession or use of a machine gun. The statute

defining this offense imposes punishment on any person who possesses or uses a machine gun

<insert appropriate subsection:>

• § 53-202 (b): in the perpetration or attempted perpetration of a crime of violence.

• § 53-202 (c): for an offensive or aggressive purpose.

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

beyond a reasonable doubt:

Element 1 - Possessed or used a machine gun

The first element is that the defendant possessed or used a machine gun.

“Machine gun” means 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 the

possession of or under the control of a person. “Projectile” means any size bullet that when

affixed to any cartridge case may be propelled through the bore of a machine gun.

“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.>

[<Insert if applicable:>

The statute defining this offense provides that if you find that the machine gun was in any (room

/ boat / vehicle), then you may find, but are not required to, that each person occupying that

(room / boat / vehicle) was in possession of the machine gun. This inference is not a necessary

one, but it is an inference you may draw if you find it is reasonable and logical and in accordance

with my instructions on circumstantial evidence.

3]

Element 2 - Crime of violence / offensive or aggressive purpose

The second element is that the defendant possessed or used the machine gun <insert as

appropriate:>

• in the perpetration or attempted perpetration of a crime of violence. “Crime of violence”

includes (murder / manslaughter / kidnapping / sexual assault / sexual assault with a

firearm / assault in the first degree / assault in the second degree / robbery / burglary /

larceny / riot in the first degree).4

• for an offensive or aggressive purpose.

[<Insert if appropriate:>

You may find, but are not required to,5 that the machine gun was possessed or used for an

offensive or aggressive purpose if you find any of the following:

• The machine gun is on premises not owned or rented, for bona fide permanent residence

or business occupancy, by the person in whose possession the machine gun was found.

• The person possessing the machine gun was an unnaturalized foreign-born person, or a

person who has been convicted of a crime of violence in any state or federal court of

record of the United States of America, its territories or insular possessions.

• The machine gun has not been registered.

• Empty or loaded projectiles of any caliber that may be used in the machine gun are found

in the immediate vicinity of the machine gun.]

Conclusion

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

used a machine gun, and 2) the possession or use of the machine gun was (in the perpetration or

attempted perpetration of a crime of violence / for an offensive or aggressive purpose).

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

of the crime of possession or use of a machine gun, 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 Definitions of “machine gun” and “projectile” are found in General Statutes § 53-202 (a) and

(c). See also glossary entry for machine gun.

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

tailored to the allegations.

3 General Statutes § 53-202 (e). The inference is permissive, rather than mandatory. State v.

Gerardi, 237 Conn. 348, 361 (1996).

4 General Statutes § 53-202 (a) (2).

5 General Statutes § 53-202 (d).