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NC · jury_instructions

N.C.P.I.—Crim. 254A.11

POSSESSION OF A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON. FELONY. GENERAL CRIMINAL VOLUME.

activein force · 2023-06-01 – presentas-observed

NOTE WELL: Effective February 1, 2011, this section does not apply to

a person whose firearms rights have been restored under N.C. Gen.

Stat. § 14-415.4 pursuant to the judicial procedure described therein,

unless the person is convicted of a subsequent felony after the petition

to restore the person’s firearms rights is granted. Also effective February

1, 2011, this section does not apply if the felony conviction is a violation

under the laws of North Carolina, another state, or the United States

that pertains to crimes involving antitrust violations, unfair trade

practices, or restraints of trade.

The defendant has been charged with [possessing] [owning] [purchasing]

[[having within defendant’s [custody] [care] [control]] a [firearm]2 [weapon of

mass death and destruction]3 after having been convicted4 of a felony.

For you to find the defendant guilty of this offense the State must prove two

things beyond a reasonable doubt.

First, that on (name date) in (name court) the defendant [was convicted of]

[pled guilty to] the felony of (name felony) that was committed on (name date) in

violation of the laws of the [State of North Carolina] [State of (name other state)]

[United States].

And Second, that after (name date from the first element as alleged in the

indictment)5, the defendant [possessed]6 [owned] [purchased] [[had within

defendant’s [custody] [care] [control]] a [firearm] [weapon of mass death and

destruction]7.

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

[was convicted of] [pled guilty to] the felony of (name felony) that was committed

on (name date) in violation of the laws of the [State of North Carolina] [State of

(name other state)] [United States], and that the defendant, after (name date from

the first element alleged in the indictment), [possessed] [owned] [purchased] [[had

within defendant’s [custody] [care] [control]] a [firearm] [weapon of mass death

and destruction], it would be your duty to return a verdict of guilty. If you do not so

find or have a reasonable doubt as to one or both of these things, it would be your

duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 254A.11 (Replacement June 2023). N.C. Gen. Stat. § 14-415.1(a). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-25
Edition
2026-09-24
Content hash
7bb467f044b6f587be8098ffe5902287de8a29c3ee50e617c63475c96c6cf29d
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