N.J. Model Criminal Jury Charge, N.J.S.A. 2C:39-16

Approved 12/8/97

LEADER OF FIREARMS TRAFFICKING NETWORK

(N.J.S.A. 2C:39-16)

The indictment charges defendant with th e crime of being a leader of a firearms

trafficking network. That section of our statutes provides in pertinent part that:

A person is a leader of a firearms trafficking

network if he conspires with others an organizer,

supervisor, financier or manager, to engage for

profit in a scheme or course of conduct to

unlawfully manufacture, transport, ship, sell or

dispose of any firearm.

In order to convict defendant of the char ge, the State must prove each of the following

elements beyond a reasonable doubt:

(1) That defendant conspired with two or more persons.

(2) That the conspiracy included a sche me or course of conduct to unlawfully

(manufacture, transport, ship, sell or dispose) of any firearm.

(3) That defendant was an organizer, s upervisor, financier or manager in such a

conspiracy.

(4) That defendant occupied a high level pos ition of superior authority or control over

other persons in the scheme or organization and exercised that authority or control

over others involved in the scheme or organization.

1

(5) That defendant engaged in the conspiracy for profit.

If you find that the State has proven each of these elements beyond a reasonable doubt,

then you must find defendant gui lty of being a leader of a fir earms trafficking network. If you

find that the State has failed to prove any of these elements beyond a reasonable doubt, then you

must find the defendant not guilty of being a leader of a firearms trafficking network.

The first element which the State must prove beyond a reasonable doubt is that defendant

conspired with two or more persons. [Read model jury charge on conspiracy; if conspiracy

already charged, remind jurors of that definition].

The second element which the State must prove beyond a reasonable doubt is that the

1 This language is based upon State v. Alexander , 136 N.J. 563 (1994), in which the Supreme Court

construed identical language.

LEADER OF FIREARMS TRAFFICKING NETWORK

N.J.S.A. 2C:39-16

conspiracy included a scheme or course of condu ct to unlawfully (manufacture, transport, ship,

sell or dispose of) 2 firearms. Firearm means any handgun, rifle, shotgun, machine gun,

automatic or semi-automatic rifle, or any gun. 3 Manufacture means to receive or obtain raw

materials or parts and process them into firearms or finished parts of firearms.4 Transport means

to carry from one place to another. Ship mean s to send or transport by any carrier. Sell means

to exchange property, goods or services for money or its equivalent. Dis pose of means to give

away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer

possession.

[IF APPLICABLE, CHARGE FOLLOWING]

It is not a defense to this charge that the firear ms were brought into or transported in this State

solely for ultimate distribution or dispensing in another jurisdiction.

The third element which the State must prove beyond a reasonable doubt is that

defendant acted as an organizer, supervisor, financier or manage r within the conspiracy. An

organizer is a person who arrang es, devises, or plans a firear ms trafficking conspiracy. A

supervisor is one who oversees the operation of a firearms trafficking conspiracy. A financier is

one who is responsible for providing the funds or resources necessary to operate a firearms

trafficking conspiracy. A manager is one who directs the ope rations of a firearms trafficking

conspiracy. Defendant, however, does not have to be the only or even the primary organizer,

supervisor, financier or manager.

The fourth element which the State mu st prove beyond a reasonable doubt is that

defendant held a high level position of superior authority in the fi rearms trafficking conspiracy.

In other words, the State must prove that defendant occupied a position of authority or control

over other persons in a scheme or organization of firearms manufacturing, transporting, shipping

or selling and that in that posi tion the defendant exercised superv isory authority or control over

others engaged in the firearms trafficking conspiracy.

The final element which the State must prove beyond a reasonable doubt is that defendant

engaged in the conspiracy for profit. However, the State need not prove that any intended profit

2 Choose the appropriate allegation.

3 A fuller definition of firearm is included in N.J.S.A. 2C:39-1f and may be used if necessary.

4 N.J.S.A. 2C:39-1j.

LEADER OF FIREARMS TRAFFICKING NETWORK

N.J.S.A. 2C:39-16

was actually realized. You may infer that a particular sche me or course of conduct was

undertaken for profit from all the surrounding circ umstances, including but not limited to the

number of persons involved in the scheme or co urse of conduct, the defendant’s net worth and

his/her expenditures in re lation to his legitimate source(s) of income, the amount of firearms

involved or the amount of cash or currency involved.

[IF APPLICABLE, CHARGE FOLLOWING]

It is not a defense to this charge that the profit, if any, involved in this scheme was intended to be

made in another jurisdiction.

If the State has failed to prove beyond a reas onable doubt any of the elements of this

offense, then you must find the defendant not guilty. If the State has proven beyond a reasonable

doubt each element of this offense, then you must find the defendant guilty.