Conn. Crim. Jury Instr. 8.2-9

unique serial number or other mark of identification

-- § 29-36a (a) and (e)

The defendant is charged [in count__] with the (manufacture / transfer) of a firearm without a

unique serial number or other mark of identification from the Department of Emergency Services

and Public Protection. The statute defining this offense reads in pertinent part as follows:

No person shall complete the manufacture of a firearm without subsequently

obtaining a unique serial number or other mark of identification from the Department

of Emergency Services and Public Protection and engraving upon or permanently

affixing to the firearm such serial number or other mark in a manner that conforms

with the requirements imposed on licensed importers and licensed manufacturers of

firearms pursuant to federal law. Additionally, no person shall transfer to another

person any firearm manufactured in violation of these requirements.

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

beyond a reasonable doubt:

Element 1 – Manufacture (or transfer) of a firearm

The first element is that the defendant (completed the manufacture of / transferred) a firearm.

<insert as appropriate:>

• To “manufacture” means to fabricate or construct a firearm, including the initial

assembly.1

• The word “transfer” has its ordinary meaning.

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.2

Element 2 – No unique serial number or other mark of identification engraved upon or

permanently affixed to the firearm

The second element is that

<insert as appropriate:>

• the defendant failed to obtain a unique serial number or other mark of identification for

that firearm from the Department of Emergency Services and Public Protection and

engrave it upon or permanently affix it to the firearm in a manner that conforms with the

requirements imposed on licensed importers and licensed manufacturers of firearms

pursuant to federal law.3

• The firearm transferred by the defendant did not have a unique serial number or other

mark of identification obtained from the Department of Emergency Services and Public

Protection engraved upon or permanently affixed to it in a manner that conforms with the

requirements imposed on licensed importers and licensed manufacturers of firearms

pursuant to federal law.4

Conclusion

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

manufacture of / transferred) a firearm, and 2) ((he/she) manufactured the firearm without

obtaining a unique serial number or other mark of identification and engraving it upon or

permanently affixing it to the firearm / the firearm lacked a unique serial number or other mark

of identification engraved upon it or permanently affixed to it) in a manner that conforms with

the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant

to federal law.

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

of the crime of (manufacture / transfer) of a firearm without a unique serial number or other

mark of identification, 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 § 29-36a (j).

2 General Statutes § 29-36a (j) incorporates the definition of “firearm” in General Statutes § 53a-

3 (19), which includes both loaded and unloaded weapons from which a shot may be discharged.

If applicable, also see the specific definitions found in the glossary for machine gun (General

Statutes § 53a-3 (15)), rifle (General Statutes § 53a- 3 (16)), shotgun (General Statutes § 53a-3

(17)), and pistol or revolver (General Statutes § 53a-3 (18)).

3 General Statutes § 29-36a (a) specifically incorporates the provisions of 18 U.S.C. § 923 (i), as

amended from time to time, as well as any regulations adopted thereunder. This provision is part

of a statutory scheme that prohibits anyone in the United States from engaging in the business of

importing, manufacturing or dealing in firearms, or importing or manufacturing ammunition,

without first filing an application with the Attorney General and, thereafter, receiving a license to

do so.

4 See footnote 3.