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WPIC 133.02.02 Unlawful Possession of a Firearm—Second Degree—Previous Felony Conviction—Elemen...

11A WAPRAC WPIC 133.02.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.02.02 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part XIII. Miscellaneous Crimes

WPIC CHAPTER 133. Weapon Offenses

WPIC 133.02.02 Unlawful Possession of a Firearm—Second Degree—Previous Felony Conviction—Elements

To convict the defendant of the crime of unlawful possession of a firearm in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt:

(1) That on or about (date), the defendant [knowingly owned a firearm] [or] [knowingly had a firearm in [his] [her] possession or control];

(2) That the defendant had previously been [convicted] [adjudicated guilty as a juvenile] [or] [found not guilty by reason of insanity] of [(name of felony other than serious offense)] [or] [a felony]; and

(3) That the [ownership] [or] [possession or control] of the firearm 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 of 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

Use bracketed material as applicable. With this instruction, use WPIC 2.10 (Firearm—Definition as Element), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 133.52 (Possession—Weapon—Definition).

For a discussion of the two bracketed alternatives at the end of element (2), especially with regard to stipulations, see the Comment to WPIC 133.02 (Unlawful Possession of a Firearm—First Degree—Elements). If using the blank line in element (2), list a felony that is not specified as a “serious offense” in RCW 9.41.010(27).

COMMENT

RCW 9.41.040(2)(a)(i). See the Comment to WPIC 133.02 (Unlawful Possession of a Firearm—First Degree—Elements) for a discussion of elements and issues common to first and second degree unlawful possession of a firearm.

The statute provides that a person is guilty of unlawful possession of a firearm in the second degree:

if the person does not qualify … for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm: (i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section …

RCW 9.41.040(2)(a)(i). The only category of crime currently “listed” under (1) is “serious offense,” and the instruction therefore calls for listing a non-“serious offense” felony. “Serious offense” is defined in RCW 9.41.010(27); see WPIC 133.53 (Serious Offense—Definition) and the discussion in the Comment to WPIC 133.02 (Unlawful Possession of a Firearm—First Degree—Elements).

Element (2) includes bracketed alternatives for referring to the predicate felony offense. For a discussion of issues related to these alternatives, see the Comment to WPIC 133.02 (Unlawful Possession of a Firearm—First Degree—Elements).

Element (3) does not follow the format usually used in criminal instructions, i.e., that “any of these acts occurred in the State of Washington,” because in this context, where the conviction of the predicate crime may have occurred outside the state, such language may be confusing to a jury.

[Current as of December 2019.]

End of Document