CJI2d[NY] Penal Law § 265.02 (3)

The (specify) count is Criminal Possession of a Weapon in the Third Degree.

Under our law, a person is guilty of Criminal Possession of a Weapon in the Third Degree when that person knowingly possesses a

Select appropriate weapon:

machine gun

firearm

rifle

shotgun

which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such (specify).²

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

[A MACHINE-GUN means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.³]

[A FIREARM means any pistol or revolver.⁴]

[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.)⁵]

[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.)⁶]

DEFACE means to remove, deface, cover, alter or destroy the manufacturer's serial number or any other distinguishing number or identification mark.⁷

POSSESS means to have physical possession or otherwise to the exercise of dominion or control over tangible property.⁸

A person KNOWINGLY possesses (specify) which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting its identity when that person is aware that he or she is in possession of such (specify) which has been defaced for such purpose.⁹

Under this count, (specify) need not be loaded but it must be operable. To be operable, (specify) must be capable of discharging ammunition. A person in possession of (specify) is not required to know that it was operable.¹⁰

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 three elements:

1. That on or about (date), in the county of (County), the defendant, (defendant's name), possessed (specify) which had been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such (specify);

2. That the defendant did so knowingly; and

3. That such (specify) was operable.

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.