CJI2d[NY] Penal Law § 265.02(5)(i)

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 knowingly³ possesses three (3) or more firearms.

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

A FIREARM means any pistol or revolver.⁴

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

A person KNOWINGLY possesses three [or more] firearms when that person is aware that he or she is in possession of three [or more] objects,

Select as appropriate:

each of which is a

at least three of which are

firearm(s).⁶ That person need not know (that is, be aware of) the object’s name or that it meets the definition of a firearm.⁷

Under this count, a firearm need not be loaded but it must be operable. To be operable, a firearm must be capable of discharging ammunition. A person in possession of a firearm is not required to know that the firearm was operable.⁸

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 three (3) or more firearms;

2. That the defendant did so knowingly; and

3. That three (3) or more of such firearms were 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.