11th Cir. Pattern Jury Instr. (Criminal) O35.4

Violent Crime or Drug-Trafficking Crime

18 U.S.C. § 924(c)(1)(A)

It’s a separate Federal crime to [use] [carry] a firearm during and in relation

to a [violent crime] [drug- trafficking crime], or to possess a firearm in furtherance

of a [violent crime] [drug-trafficking crime].

The Defendant can be found guilty of this crime only if the following facts

are proved beyond a reasonable doubt:

(1) that the Defendant committed the [violent crime] [drug-trafficking crime]charged in Count ____ of the indictment; and

(2) that during and in relation to that [violent crime] [drug- trafficking

crime], the Defendant knowingly [used] [carried] a firearm, as

charged in the indictment;

or

that the Defendant knowingly possessed a firearm in furtherance

of that [violent crime] [drug- trafficking crime], as charged in the

indictment.

A “firearm” is any weapon designed to or readily convertible to expel a

projectile by the action of an explosive. The term includes the frame or receiver of

any such weapon or any firearm muffler or silencer.

[To “use” a firearm means more than a mere possession and more than

proximity and accessibility to the firearm. It requires active employment of the

firearm by brandishing or displaying it in some fashion.]

[To “brandish” a firearm means to show all or part of the firearm to another

person, or otherwise make another person aware of the firearm, in order to

intimidate that person. The firearm need not be directly visible to the other person.]

[To “carry” a firearm is to have the firearm on one’s person or to transport

the firearm, such as in a vehicle, from one place to another, while committing the

[violent crime] [drug-trafficking crime].]

To [use] [carry] a firearm “in relation to” a crime means that that the firearm

had some purpose or effect with respect to the crime, and was not there by accident

or coincidence. The firearm must have facilitated, or had the potential of

facilitating, the crime.

To “possess” a firearm is to have direct physical control of the firearm or to

have knowledge of the firearm’s presence and the ability and intent to later

exercise control over the firearm.

Possessing a firearm “in furtherance of” a crime means that the firearm

helped, promoted, or advanced the crime in some way.

If you find the defendant guilty of [using] [carrying] or possessing a firearm

as charged in this count, you will answer an additional question about the firearm:

whether the firearm was [a short -barreled rifle] [a short -barreled shotgun] [a

semiautomatic assault weapon] [a machinegun] [was equipped with a firearm

silencer or firearm muffler] [a destructive device]. The Government has the

burden of proof on this question, and the standard again is proof beyond a

reasonable doubt.

[A “rifle” is a firearm intended to be fired from a person’s shoulder which,

when the trigger is pulled, expels only one projectile through a grooved barrel. A

“short-barreled rifle” is a rifle with one or more barrels that are less than sixteen

inches long, or any weapon made from a rifle and which is less than twenty- six

inches long overall.]

[A “shotgun” is a firearm intended to be fired from a person’s shoulder

which, when the trigger is pulled, expels one projectile or a number of pellets

contained in one shell, through a smooth barrel. A “short -barreled shotgun” is a

shotgun with one or more barrels that are less than eighteen inches long, or any

weapon made from a shotgun and which is less than twenty- six inches long

overall.]

[A “semiautomatic weapon” is a weapon that uses the action of an explosive

to expel a projectile and automatically reload another, which requires the trigger to

be pulled again to expel the next projectile. A “semiautomatic assault weapon” is

[type of firearm or applicable characteristics from 18 U.S.C. § 921(a)(30)]]. [A

machinegun is a weapon that shoots, is designed to shoot, or can be readily

restored to shoot, multiple shots automatically, without manual reloading, using

one sustained pull of the trigger or by a single pulling of the trigger. The term also

includes any part or combination of parts used to assemble, or convert another

weapon into, a machinegun.]

[A “firearm silencer” or “firearm muffler” is any device that can be attached

to a firearm to silence, muffle, or lessen the sound of a firearm if discharged. The

term also includes any combination of parts designed for use in assembling or

fabricating a firearm silencer or firearm muffler.]

[A “destructive device” is any weapon designed to or readily convertible to

expel a projectile by the action of an explosive or other propellant, and which has a

barrel with an interior width of more than one-half inch in diameter.]