US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 14.22
Firearms–Using, Carrying, or Brandishing in Commission of Crime of Violence or Drug Trafficking Crime (18 U.S.C. § 924(c))
The defendant is charged in [Count ____ of] the indictment with [using] [carrying] [brandishing] a firearm during and in relation to [specify applicable crime of violence or drug trafficking crime] in violation of Section 924(c) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant committed the crime of [specify crime] as charged in [Count ____ of] the indictment, which I instruct you is a [crime of violence] [drug trafficking crime]; and
Second, the defendant knowingly [used] [carried] [brandished] the [specify firearm] during and in relation to that crime.
[A defendant “used” a firearm if [he] [she] actively employed the firearm during and in relation to [specify crime].]
[A defendant “carried” a firearm if [he] [she] knowingly possessed it and held, moved, conveyed, or transported it in some manner on [his] [her] person or in a vehicle.]
[A defendant “brandished” a firearm if [he] [she] displayed all or part of the firearm, or otherwise made the presence of the firearm known to another person, to intimidate that person, regardless of whether the firearm was directly visible to that person.]
A defendant [used] [carried] [brandished] a firearm “during and in relation to” the crime if the firearm facilitated or played a role in the crime.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
8b7574e0b3dc48c84b9a91f76ecb4da0fcb52a44b37b32800461091b3340c883
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