WPIC 133.02.04 Unlawful Possession of a Firearm—Second Degree—Minor—Elements
11A WAPRAC WPIC 133.02.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.02.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.02.04 Unlawful Possession of a Firearm—Second Degree—Minor—Elements
To convict the defendant of the crime of second degree unlawful possession of a firearm by a minor, 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 on (date in element (1)), was under the age of eighteen [and was not otherwise authorized to [own] [or] [possess] a firearm, as defined elsewhere in these instructions]; and
(3) That the [ownership] [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
With this instruction, use WPIC 2.10 (Firearm—Definition as Element), WPIC 10.02 (Knowledge—Knowingly—Definition), WPIC 133.52 (Possession—Weapon—Definition), and WPIC 133.02.05 (Unlawful Possession of a Firearm—Second Degree—Minor—Authority to Own or Possess).
Use bracketed material as applicable. In element (2), use the bracketed phrase together with one or more of the exceptions listed in RCW 9.41.042, as set forth in WPIC 133.02.05 (Unlawful Possession of a Firearm—Second Degree—Minor—Authority to Own or Possess) when a specific authority or exception is claimed and if it is determined that the Legislature intended the State to disprove these exceptions as elements of the offense. Alternatively, WPIC 133.02.05 (Unlawful Possession of a Firearm—Second Degree—Minor—Authority to Own or Possess) may be modified to the form of an affirmative defense, see e.g. WPIC 18.05 (Entrapment—Defense) if it is determined that these exceptions were intended as affirmative defenses.
COMMENT
RCW 9.41.040(2)(a)(iv). State v. Sieyes, 168 Wn.2d 276, 225 P.3d 995 (2010) (conviction did not violate federal or state constitutional right to bear arms). 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.
See the Comment to WPIC 133.02.05 (Unlawful Possession of a Firearm—Second Degree—Minor—Authority to Own or Possess) and WPIC 14.00 (Defenses—Introduction), regarding use of the bracketed clause in element (2).
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.]
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