CJI2d[NY] Penal Law § 265.01-b (2)

The (specify) count is Criminal Possession of a Firearm.

Under our law, a person is guilty of Criminal Possession of a Firearm when that person knowingly³ and lawfully possessed a firearm prior to March 16, 2013⁴ that became⁵ subject to the registration requirements of the law as of April 15,

2013,⁶ and knowingly fails to register such firearm pursuant to such law.⁷

The following terms used in that definition have a special meaning:

A firearm includes an assault weapon. The definition of the applicable assault weapon is as follows: (specify)⁸.

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁹

A person KNOWINGLY¹⁰ possesses a firearm when that person is aware that he or she is in possession of an object that is an assault weapon. That person need not know (that is, be aware of) the object’s name or whether it meets the legal definition of a firearm.¹¹

Under this count, the firearm need not be loaded but it must be operable. To be operable, a firearm must be capable of discharging ammunition. A person who possess a firearm is not required to know that the firearm was operable.¹²

PRIOR TO MARCH 16, 2013, a person could LAWFULLY own and possess (specify), without being required to register it. After April 15, 2013, the owner of such firearm was required to register it with the Superintendent of State Police.

[NOTE: If the requirement of registration is in dispute, insert here such requirements of registration, pursuant to Penal Law § 400.00 (16-a), as applicable.]

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following four elements:

1. That, prior to March 16, 2013, the defendant, (defendant’s name), knowingly and lawfully possessed an assault weapon;

2. That on or about (date [must be on or after April 15, 2013]), in the county of (County), the defendant knowingly possessed that same firearm;

3. That the firearm was operable; and

4. That the defendant was required by law to register that firearm, and knowingly failed to do so.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.