Instruction 7.680, Criminal Model Jury Instructions for Use in the District Court

CARRYING CERTAIN DANGEROUS WEAPONS

G.L. c. 269, § 10(b)

The defendant is charged with unlawfully carrying a [name of weapon

alleged].

To prove the defendant guilty of this offense, the

Commonwealth must prove three things beyond a reasonable doubt:

First: That the item involved is a:

(stiletto)

(dagger)

(device or case which enables a knife with a locking blade to be

drawn at a locked position)

(ballistic knife)(knife with a detachable blade capable of being

propelled by any mechanism)

(dirk knife)

(knife with a double-edged blade)

(knife with an automatic spring release device by which the

blade is released from the handle, with a blade of over one and

one-half inches)

(slung shot)

(blowgun)

(blackjack)

(metallic knuckles or knuckles of any substance which could be

put to the same use with the same or similar effect as metallic

knuckles)

(nunchaku, zoobow, also known as klackers or kung fu sticks, or

any similar weapon consisting of two sticks of wood, plastic or

metal connected at one end by a length of rope, chain, wire or

leather)

(shuriken or any similar pointed starlike object intended to injure

a person when thrown)

(armband, made with leather which has metallic spikes, points

or studs or any similar device made from any other substance)

(cestus or similar material weighted with metal or other

substance and worn on the hand)

(manrikigusari or similar length of chain having weighted ends)

Second: That the defendant carried the item (on their person)

(under their control in a vehicle); and

Third: That the defendant knew that they were carrying the item

(on their person) (under their control in a vehicle).

To prove the first element, the Commonwealth must prove

beyond a reasonable doubt that the item is a [name of weapon alleged].

Trial judge should consider whether a further definition is necessary. See note 3 below.

To prove the second element, the Commonwealth must prove

beyond a reasonable doubt that the defendant carried the [name of weapon

alleged] (on their person) (under their control in a vehicle). To prove that

the defendant carried the weapon, the Commonwealth must show that

the defendant had more than momentary possession of the weapon

and moved it from one place to another.

Commonwealth v. Seay, 376 Mass. 735, 737 (1978).

To prove the third element, the Commonwealth must prove

beyond a reasonable doubt that the defendant knew that they (were

carrying a) (had under their control in a vehicle a) [name of weapon alleged.

This requires you to make a decision about the defendant’s state of

mind at that time. You may examine the defendant’s actions and

words, all of the surrounding circumstances, and any reasonable

inferences, to help you determine the extent of the defendant’s

knowledge at the time.

This model instruction covers the offense set out in the first clause of G.L. c. 269, §

10(b). See Instruction 7.700 (Carrying a Dangerous Weapon When Arrested) for the

offense set out in the second clause of § 10(b).