Conn. Crim. Jury Instr. 8.2-23

The defendant is charged [in count__] with carrying or brandishing a facsimile firearm. The

statute defining this offense reads in pertinent part as follows:

no person shall (carry / draw / exhibit / brandish) a facsimile of a firearm or simulate

a firearm in a threatening manner, with intent to frighten, vex or harass another

person.

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

beyond a reasonable doubt:

Element 1 - Carried, drew, exhibited or brandished a facsimile firearm

The first element is that the defendant (carried / drew / exhibited / brandished) a (facsimile /

simulated) firearm. <Insert as appropriate:>

• “Carry” means to have upon one’s person and within one’s control or dominion, meaning

that the person must be aware of its presence.

• “Brandish” means to “to wave, shake, or exhibit in a menacing, challenging, or exultant

way; to flourish.”

Element 2 - Facsimile could pass as a real firearm

The second element is that the facsimile was such that it could reasonably be perceived as a real

firearm. “Firearm” is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or

other weapon, whether loaded or unloaded, from which a shot may be discharged.

A “facsimile of a firearm” is (A) any nonfunctional imitation of an original firearm which was

manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a

firearm other than an imitation of an original firearm, provided such representation could

reasonably be perceived to be a real firearm. Such term does not include any look-a-like,

nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or

pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air

pressure.

Element 3 - Threatening manner

The third element is that the (facsimile / simulated) firearm was (carried / drew / exhibited /

brandished) in a threatening manner.

Element 4 - Intent

The fourth element is that the defendant specifically intended to frighten, vex or harass another

person. A person acts “intentionally” with respect to a result when (his/her) conscious objective

is to cause such result. <See Intent: Specific, Instruction 2.3-1.>

Conclusion

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

/ exhibited / brandished) a facsimile firearm, 2) the facsimile could reasonably be perceived as a

real firearm, 3) (he/she) did so in a threatening manner, and 4) (he/she) had the intent to frighten,

vex or harass another person.

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

of the crime of carrying or brandishing a facsimile firearm, 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 See definitions for machine gun, rifle, shotgun, and pistol or revolver in the glossary.