Conn. Crim. Jury Instr. 8.2-44

The defendant is charged [in count ___] with illegal sale of (ammunition / an ammunition

magazine).

The statute defining this offense reads in pertinent part as follows:

No person, firm or corporation shall sell ammunition or an ammunition magazine to

any person unless such person holds a valid [state permit or certificate and presents

the required documentation].

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

beyond a reasonable doubt:

Element 1 – Sale of (ammunition / an ammunition magazine)

The first element is that the defendant sold (ammunition / an ammunition magazine).

The term “sell” shall be given its common meaning.

<Insert as applicable:>

• “Ammunition” means a loaded cartridge, consisting of a primed case, propellant or

projectile, designed for use in any firearm.

• An ammunition “magazine” means any firearm magazine, belt, drum, feed strip or

similar device that accepts ammunition.

A “firearm” means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other

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

The state alleges that the defendant sold (ammunition / an ammunition magazine) to <insert

name of person>.

Element 2 – Buyer did not hold permit/certificate or present required documentation

The second element is that the defendant sold (ammunition / an ammunition magazine) to

someone who, at the time of the alleged sale, did not hold a valid state permit or certificate

required by statute, or who did not present the defendant with the statutorily required

documentation related to their permit or certificate.

4 The state alleges in this case that, at the

time of the alleged sale, the person to whom the defendant sold (ammunition / an ammunition

magazine) <insert as applicable:>

• did not hold an authorizing permit or certificate issued by the state of Connecticut; or

• did not present to the defendant the required documentation.

<Insert specific allegations.>

Conclusion

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

(ammunition / an ammunition magazine) to <insert name of person> and (2) at the time of the

alleged sale, <insert name of person> (did not hold a valid state permit or certificate / did not

present to the defendant the statutorily required documentation related to (his/her) permit or

certificate). If you unanimously find that the state has proved beyond a reasonable doubt each of

the elements of the crime of illegal sale of (ammunition / an ammunition magazine), 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.

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1 General Statutes § 29-38m (a).

2 General Statutes § 29-38m (a).

3 General Statutes § 29-38m incorporates the definition of “firearm” in General Statutes § 53a-3

(19), which requires that the firearm be operable.

4 General Statutes § 29-38m (c) provides: “No person, firm or corporation shall sell ammunition

or an ammunition magazine to any person unless such person holds a valid permit to carry a

pistol or revolver issued pursuant to [General Statutes § 29-28 (c)], a valid permit to sell firearms

at retail issued pursuant to [General Statutes § 29-28 (b)], a valid eligibility certificate for a pistol

or revolver issued pursuant to [General Statutes §] 29-36f or a valid long gun eligibility

certificate issued pursuant to [General Statutes §] 29-37p and presents to the transferor such

permit or certificate, or unless such person holds a valid ammunition certificate issued pursuant

to [General Statutes §] 29-38n and presents to the transferor such certificate and such person’s

motor vehicle operator’s license, passport or other valid form of identification issued by the

federal government or a state or municipal government that contains such person’s date of birth

and photograph.”