HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 15.06
Possession or Control of a Firearm or Ammunition for a
FOR A FIREARM BY A PERSON CHARGED WITH SPECIFIED
CRIMES: HRS § 134-7(b)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense
of Possession or Control of a Firearm or Ammunition for a
Firearm by a Person [Who is Under Indictment] [Who has Waived
Indictment] [Who has been Bound Over to Circuit Court] for
Specified Crimes.
A person commits the offense of Possession or Control of a
Firearm or Ammunition for a Firearm by a Person [Who is Under
Indictment] [Who has Waived Indictment] [Who has been Bound Over
to Circuit Court] for Specified Crimes if, [while under
indictment] [having waived indictment] [having been bound over
to circuit court] for [(specify felony)] [(specify crime of
violence)] [(specify offense alleging illegal sale of a drug)],
he/she possesses or controls any firearm or ammunition for a
firearm.
There are five material elements of the offense of
Possession or Control of a Firearm or Ammunition for a Firearm
by a Person [Who is Under Indictment] [Who has Waived
Indictment] [Who has been Bound Over to Circuit Court] for
Specified Crimes, each of which the prosecution must prove
beyond a reasonable doubt.
These five elements are:
1. That, on or about (date), in the [City and] County of
(name of county), the Defendant knowingly [possessed]
[controlled] the object in question; and
2. That the object in question was a firearm or
ammunition for a firearm; and
3. That, at the time he/she [possessed] [controlled] the
object in question, the Defendant believed, knew, or recklessly
disregarded the substantial and unjustifiable risk, that the
object was a firearm or ammunition for a firearm; and
4. That, at that time, the Defendant [was under
indictment] [had waived indictment] [was bound over to circuit
court] for [(specify felony)] [(specify crime of violence)]
[(specify offense alleging illegal sale of a drug)]; and
5. That, at that time, the Defendant believed, knew, or
recklessly disregarded the substantial and unjustifiable risk,
that he/she [was under indictment] [had waived indictment] [was
bound over to circuit court] for [(specify felony)] [(specify
crime of violence)] [(specify offense alleging illegal sale of a
drug)].
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
01fdf02f5043f28fda1b69b6e1d131bf83c6141f55d3236408ee128ea47ec20d
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