Conn. Crim. Jury Instr. 8.2-22

Note: This instruction is for crimes committed on or after October 1, 2016. Public Act No.

16-152, § 1, changed the ratio of alcohol in the blood from ten-hundredths to eight-hundredths of one per cent by weight. For the instruction for crimes committed before

October 1, 2016, see Instruction 8.2-17 (archived).

The defendant is charged [in count__] with carrying a firearm while intoxicated. The statute

defining this offense reads in pertinent part as follows:

no person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm,

which is loaded and from which a shot may be discharged, upon (his/her) person

while <insert as appropriate:>

• under the influence of (intoxicating liquor / any drug / both)

• the ratio of alcohol in the blood of such person is eight-hundredths of one per cent or

more of alcohol, by weight.

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

beyond a reasonable doubt:

Element 1 - Carried a firearm

The first element is that the defendant carried a <insert type of weapon> upon (his/her) person.

A weapon is “carried” if it is on one’s person and within one’s control or dominion, meaning that

the person must be aware of its presence.

Element 2 - Loaded and operable

The second element is that the <insert type of weapon> was loaded and capable of firing a shot.

Element 3 - While under the influence of intoxicating liquor or drug

The third element is that the defendant <insert as appropriate:>

• was under the influence of (intoxicating liquor / any drug / both). A person is under the

influence of (intoxicating liquor / any drug / both) when as a result of (drinking such

beverage / ingesting such drug) that person’s mental, physical, or nervous processes have

become so affected that the person lacks to an appreciable degree the ability to function

properly in relation to the carrying of a firearm.

• had a ratio of alcohol in (his/her) blood which was eight-hundredths of one per cent or

more of alcohol by weight.

Conclusion

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

firearm, 2) the firearm was loaded and operable, and 3) (he/she) was <insert specific allegations

as to defendant’s condition>.

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

of the crime of carrying a firearm while intoxicated, 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 State v. Hopes, 26 Conn. App. 367, 375, cert. denied, 221 Conn. 915 (1992).

2 Definition of “under the influence” is derived from cases involving driving under the influence.

See, e.g., State v. Gordon, 84 Conn. App. 519, 527, cert. denied, 271 Conn. 941 (2004).