CJI2d[NY] Penal Law § 265.17 (3)

The (specify) count is Criminal Purchase or Disposal of a Weapon.

Under our law, a person is guilty of Criminal Purchase or Disposal of a Weapon when,

Select appropriate alternative(s):

knowing that another person is prohibited by law from possessing a (specify: firearm, rifle, or shotgun)

because of a prior conviction² [or]

because of some [other] disability which would render that other person ineligible to lawfully possess a firearm, [rifle or shotgun] in this state, [or]

knowing that another person is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense,

he or she disposes of a (specify: firearm, rifle, or shotgun) to such other person.

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

“FIREARM” means any pistol or revolver.³

[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.⁴]

[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.⁵]

The firearm [rifle, or shotgun] need not be loaded but it must be operable. To be operable, the firearm, [rifle, or shotgun] must be capable of discharging ammunition.⁶

“POSSESS” means to have physical possession or otherwise to exercise dominion or control over tangible property.⁷

“DISPOSE OF” means to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of.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, both of the following two elements:

1. That on or about (date), in the county of (County) the defendant disposed of a firearm [rifle or shotgun] to [specify]; and

2. That the defendant did so,

Add appropriate alternative(s):

knowing that (specify) was prohibited by law from possessing a firearm [rifle or shotgun]

because of a prior conviction⁹ [or]

because of some [other] disability which would render him or her ineligible to lawfully possess a (specify) in this state] [or]

knowing that (specify) was the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.