WPIC 133.02.03 Unlawful Possession of a Firearm—Second Degree—Previous Domestic Violence Convic...
11A WAPRAC WPIC 133.02.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.02.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.02.03 Unlawful Possession of a Firearm—Second Degree—Previous Domestic Violence 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 crime against family or household member specified in RCW 9.41.040(2)(a)(i))] [a crime] against a family or household member, which crime occurred on or after July 1, 1993; 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 133.52 (Possession—Weapon—Definition), WPIC 10.02 (Knowledge—Knowingly—Definition), and WPIC 2.27 (Family or Household Members and Intimate Partner—Definitions).
For a discussion of the two bracketed alternatives at the end of element (2), including with regard to defense 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 crime specified in RCW 9.41.040(2)(a)(i).
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.
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). The list of crimes against family or household members specified in RCW 9.41.040(2)(a)(i) is narrower than the list of crimes characterized as “domestic violence” in RCW 10.99.020(5). The instruction may need to be modified for cases in which the underlying conviction did not involve an adjudication of the family or household relationship.
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.
Stipulation of Prior Offense. For a discussion of Old Chief stipulations, used when the parties stipulate that the defendant has previously been convicted of a crime, see the Comment to WPIC 4.78 (Stipulation of Prior Offense (“Old Chief Stipulation”)).
[Current as of December 2019.]
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