WPIC 77.13 Possessing a Stolen Firearm—Elements
11A WAPRAC WPIC 77.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 77.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IX. Crimes Against Property
WPIC CHAPTER 77. Possessing Stolen Property
WPIC 77.13 Possessing a Stolen Firearm—Elements
To convict the defendant of the crime of possessing a stolen firearm, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant [possessed] [carried] [delivered] [sold] [or] [was in control of] a stolen firearm;
(2) That the defendant acted with knowledge that the firearm had been stolen;
(3) That the defendant withheld or appropriated the firearm to the use of someone other than the true owner or person entitled thereto; and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
With this instruction, use WPIC 2.10 (Firearm—Definition as Element), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 79.08 (Stolen—Definition).
For a discussion of the phrase “any of these acts” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.56.310; RCW 9A.56.140.
Subsection (4) of RCW 9A.56.310 provides that the definition of possessing stolen property under RCW 9A.56.140 “shall apply to the crime of possessing a stolen firearm.” Subsection (1) of RCW 9A.56.310 provides that “[a] person is guilty of possessing a stolen firearm if he or she possesses, carries, delivers, sells, or is in control of a stolen firearm.” The WPI Committee has therefore concluded that the instruction's elements (2) and (3), derived from RCW 9A.56.140(1), apply to possession by any of the means specified in the definition of the crime.
Actual possession of a stolen firearm means physical custody of an item but does not include passing control which is only a momentary handling. State v. Davis, 182 Wn.2d 222, 340 P.3d 820 (2014). For a detailed discussion of this issue, see the majority and dissenting opinions in State v. Davis, 182 Wn.2d at 227–28, and 182 Wn.2d at 234–237 (J. Stephens, dissenting, for a majority of the court). Fine, 13B Washington Practice, Criminal Law and Sentencing § 31:13 (3d ed.).
[Current as of January 2019.]
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