NY · jury_instructions
CJI2d[NY] Penal Law § 265.02(9)
Criminal Possession Of A Weapon In The Third Degree
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 such person knowingly possesses an unloaded firearm and also commits a¹ (specify applicable drug trafficking felony defined in Penal Law § 10.00 [21]) as part of the same criminal transaction.
The following terms used in that definition have a special meaning:
A FIREARM means any pistol or revolver.²
Under this count, a firearm that is unloaded must nevertheless be proven to be operable, meaning the firearm must be capable of discharging ammunition. The person who possesses a firearm is not required to know that it was operable.³
POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁴
A person KNOWINGLY possesses a firearm when that person is aware that he or she is in possession of an object that is a firearm. ⁵ That person need not know (that is, be aware of) the object’s name or whether it meets the definition of a firearm.⁶
(Specify the name of the applicable drug trafficking felony)
Note: If that offense is also a count of the indictment and the jury has been instructed on that offense, a cross-reference to that instruction may be given here. Otherwise, the definition of that offense must be given the jury here.
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the of 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), possessed a firearm;
2. That the defendant did so knowingly;
3. That the firearm was operable; and
4. That the defendant committed (specify the applicable drug trafficking felony).
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.
History
Caption: Criminal Possession Of A Weapon In The Third Degree Penal Law § 265.02(9) Possesses Unloaded Firearm & Commits Drug Offense (Committed on or after March 16, 2013). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
1a9cae7b13205d5d19bc34c5e65aa8047b61742d1b0a86698f4e40459ce8bcc8
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