CJI2d[NY] Penal Law § 265.19

The (specify) count is Aggravated Criminal Possession of a Weapon.

Under our law, a person is guilty of Aggravated Criminal Possession of a Weapon when that person knowingly² possesses any loaded firearm³ and also commits (specify underlying violent or drug trafficking felony)⁴ arising out of the same criminal transaction.⁵ Such possession shall not constitute a violation of this law if such possession takes place in such person’s home or place of business.

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

A FIREARM means any pistol or revolver.⁶

A LOADED FIREARM means any firearm loaded with ammunition which may be used to discharge such firearm [or, any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.]⁷

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

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.⁹ That person need not know (that is, be aware of) the object’s name or whether it meets the definition of a firearm.¹⁰]

Under this count, the firearm must be loaded and operable. To be operable, a firearm must be capable of discharging ammunition. The person in possession of a firearm is not required to know that the firearm was loaded or operable.¹¹

[If in issue: “Home” has its ordinary meaning as a structure within which a person lives. “home” also includes those areas around the home in which a person would reasonably be entitled to the privacy normally associated with a person’s home.]

“Home” does not include any area around the home that is subject to unlimited public access, no matter how closely related a person may feel to that particular area as part of what that person calls “home,” or the extent to which a person uses the area as one would a part of his or her home.¹²]

(Specify name and definition of underlying crime)¹³

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 five 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 loaded and operable;

4. That the defendant possessed such firearm in a place that was not the defendant’s home or place of business; and

5. That the defendant also committed (specify violent or drug trafficking felony) arising out of the same criminal transaction.

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.