N.C.P.I.—Crim. 204.10

NOTE WELL: This instruction should be used where a

defendant has been convicted of a Class A, B1, B2, C,

D, or E felony and there is evidence that the defendant

used, displayed, or threatened to use or display a

firearm during the commission of the felony. This

enhancement is not appropriate and this instruction

should not be used where the use, display, or

threatened use or display of the firearm is an essential

element of the underlying felony charged. See N.C.

Gen. Stat. § 15A-1340.16A(f); State v. Lucas, 353 N.C.

568, 548 S.E.2d 712 (2001). It is also inappropriate

where the defendant did not actually possess a firearm

about his or her person. N.C. Gen. Stat. § 15A-

1340.16A(c).

If this instruction is used, the following should be

added to the verdict sheet: “If you have found the

defendant guilty of (name felony), do you find that he

[used] [displayed] [threatened to use or display] a

firearm at the time he committed (name felony) and

that he actually possessed a firearm about his person?

Answer: ___________”

In the event you have found the defendant guilty of (name felony),

you must then consider and answer the following question:

Did the defendant [use] [display] [threaten to use or display] a

firearm at the time he committed (name felony) and did [he] [she]

actually possess a firearm about [his] [her] person?

On this question, the burden of proof is on the State to prove

beyond a reasonable doubt that the defendant [used] [displayed]

[threatened to use or display] a firearm at the time he committed (name

felony)2 and further, the State must prove beyond a reasonable doubt

that the defendant actually possessed a firearm about [his] [her] person.

If you find from the evidence beyond a reasonable doubt that the

defendant [used] [displayed] [threatened to use or display] a firearm at

the time he committed (name felony) and that [he] [she] actually

possessed a firearm about [his] [her] person, it would be your duty to

answer this question “yes.” If you do not so find, or have a reasonable

doubt, it would be your duty to answer this question “no.”