US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 14.17
Firearms—Unlawful Possession—Defense of Justification
The defendant claims that [he] [she] was justified in committing the crime of [specify unlawful possession offense charged]. Justification is a defense to that charge. The defendant is justified in committing the crime of [specify unlawful possession offense charged] if:
First, the defendant was under unlawful and present threat of death or serious bodily injury;
Second, the defendant did not recklessly place [himself] [herself] in a situation where he would be forced to engage in criminal conduct;
Third, the defendant had no reasonable legal alternative; and
Fourth, there was a direct causal relationship between the criminal activity and the avoidance of the threatened harm.
The defendant has the burden of proving each of the elements of this defense by a preponderance of the evidence.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
964d91da2b5956bb7a6268c54bc5d2978e8bdb1c6213ba72d48689629524e5d3
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