CJI2d[NY] Penal Law § 265-01-d

The (specify) count is Criminal Possession of a Weapon in a Restricted Location.

Under our law, a person is guilty of Criminal Possession of a Weapon in a Restricted Location when such person knowingly possesses

Select appropriate weapon(s):

a firearm, rifle, or shotgun

and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent.¹

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

[A FIREARM means any pistol or revolver.²

[RIFLE means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire only a single projectile through a rifled bore for each single pull of the trigger using either: (a) fixed metallic cartridge; or (b) each projectile and explosive charge are loaded individually for each shot discharged. (Add if in issue: In addition to common, modern usage, rifles include those using obsolete ammunition not commonly available in commercial trade, or that load through the muzzle and fire a single projectile with each discharge, or loading, including muzzle loading rifles, flintlock rifles, and black powder rifles).³]

[SHOTGUN a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger using either: (a) a fixed shotgun shell; or (b) a projectile or number of ball shot and explosive charge are loaded individually for each shot discharged. (Add if in issue: In addition to common, modern usage, shotguns include those using obsolete ammunition not commonly available in commercial trade, or that load through the muzzle and fires ball shot with each discharge, or loading, including muzzle loading shotguns, flintlock shotguns, and black powder shotguns).⁴]

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁵

A person KNOWINGLY possesses a (specify) when that person is aware that he or she is in possession of an object that is a (specify).⁶ That person need not know (that is, be aware of) the object’s name or whether it meets the legal definition of a firearm.⁷

Under this count, (specify) need not be loaded but it must be operable. To be operable, it must be capable of discharging ammunition. The person who possesses the (specify) is not required to know that it is operable.⁸

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

1. That on or about (date) , in the County of (County), the defendant, (defendant's name)⁹ possessed a (specify: firearm, rifle, or shotgun);

2. That the defendant did so knowingly;

3. That the (specify) was operable; and

4. That the defendant entered into or remained on or in private property where such person knew or reasonably should have known that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of (specify) on their property is permitted or has otherwise given express consent.

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.