CJI2d[NY] Penal Law § 265.11 (2)

The (specify) count is Criminal Sale of a Firearm in the Third Degree.

Under our law, a person is guilty of Criminal Sale of a Firearm in the Third Degree when that person is not authorized pursuant to law to possess a firearm and he or she knowingly² and unlawfully possesses a firearm with the intent to sell it.

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

A FIREARM means any pistol or revolver.³

A person is NOT AUTHORIZED PURSUANT TO LAW TO POSSESS A FIREARM when that person has no legal right to possess it.⁴ Under our law, with certain exceptions not applicable here, a person has no legal right to possess a firearm.⁵

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁶

A person KNOWINGLY possesses firearm when that person is aware that he or she is in possession of an object that is (specify).⁷ That person need not know (that is, be aware of) the object’s name or that it meets the definition of firearm.⁸

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 in possession of a firearm is not required to know that the firearm was operable.⁹]

A person UNLAWFULLY possesses a firearm when that person has no legal right to possess a firearm.¹⁰ Under our law, with certain exceptions not applicable here, a person has no legal right to possess a firearm.

INTENT means conscious objective or purpose. Thus, a person possesses a firearm with intent to sell it when his or her conscious objective or purpose is to sell the firearm.¹¹

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 on or about (date) , in the county of (County), the defendant, (defendant's name) was not authorized pursuant to law to possess a firearm;

2. That the defendant knowingly and unlawfully possessed a firearm;

3. That the defendant possessed that firearm with the

intent to sell it; and

4. That the firearm 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.