Conn. Crim. Jury Instr. 8.2-45

The defendant is charged [in count __] with illegal possession of a large capacity magazine. The

statute defining this offense disallows any person from possessing a large capacity magazine if,

under state or federal law, that person is ineligible to possess a firearm.

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

beyond a reasonable doubt.

Element 1 – Possessed a large capacity magazine

The first element is that the defendant possessed a large capacity magazine. A “large capacity

magazine” is defined as any firearm magazine, belt, drum, feed strip or similar device that has

the capacity of, or can be readily restored or converted to accept, more than ten rounds of

ammunition.

“Possession” means either having the object on one’s person or otherwise having control over

the 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 large

capacity magazine. 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 large capacity magazine. <See Knowledge, Instruction 2.3-

3.>

<If some form of constructive possession is alleged, see Possession, Instruction 2.11-1.>

Element 2 – Ineligible to possess firearm

The second element is that at the time (he/she) possessed a large capacity magazine, the

defendant was not eligible, under state or federal law, to possess a firearm because (he/she)

<insert specific allegations and tailor to facts and evidence>. If the defendant was not legally

eligible to possess a firearm, then (his/her) possession of a large capacity magazine also was not

lawful.

Conclusion

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

large capacity magazine and 2) (he/she) was ineligible to possess a firearm at the time because

<insert specific allegations>.

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

of the crime of illegal possession of a large capacity 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 either of the elements, you shall then find the defendant not guilty.

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1 General Statutes § 53-202w (a) (1). The following items do not qualify as a large capacity

magazine: “(A) A feeding device that has been permanently altered so that it cannot

accommodate more than ten rounds of ammunition, (B) a .22 caliber tube ammunition feeding

device, (C) a tubular magazine that is contained in a lever-action firearm, or (D) a magazine that

is permanently inoperable.” Id.

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

tailored to the allegations.

3 Parties often will stipulate to the reason why the defendant is prohibited from possessing a

firearm. See Stipulations, Instruction 2.6-10.