Del. P.J.I. Crim. No. 11.1442

CARRYING A CONCEALED DEADLY WEAPON

In order to find Defendant guilty of Carrying a Concealed Deadly Weapon,

you must find the State proved following four (4) elements beyond a reasonable

doubt:

(1) Defendant carried a [weapon];

(2) Defendant carried the weapon upon or about Defendant’s person;

(3) Weapon was concealed; and

(4) Defendant was without a license to carry the weapon concealed about

Defendant’s person.

It shall be a defense that Defendant had been issued an otherwise valid

license to carry a concealed weapon where 1) the license had expired; 2)

Defendant applied for renewal of license within the allotted time frame prior to the

expiration of the license; and 3) the alleged offense occurred while the application

for renewal was pending.

“Knowingly” means Defendant knew or was aware Defendant was carrying

a concealed deadly weapon without a license to do so.

"Deadly weapon" is defined to include: firearm, bomb, knife of any sort

(other than an ordinary pocket knife carried in a closed position), switchblade

knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain,

ice pick or any dangerous instrument which a person used, or tried to use, to cause

death or serious physical injury. For the purpose of this definition, an ordinary

pocket knife is a folding knife with a blade no longer than 3 inches.

“Carried” means Defendant had control of the weapon on or about

Defendant’s person. Actual possession is not required. About Defendant’s person

means the weapon was immediately available and accessible to Defendant. In

determining whether the weapon was accessible, consider whether Defendant

would have had to significantly change Defendant’s position in order to reach the

weapon, and how long it would have taken Defendant to reach the weapon if

Defendant was provoked.

Weapon is “concealed” if it is located on or about the person carrying so as

not to be visible to an individual who came close enough to see it by ordinary

observation. Absolute invisibility is not required.