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WPIC 133.02.06 Unlawful Possession of a Firearm—Second Degree—Bail for Serious Offense—Elements

11A WAPRAC WPIC 133.02.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.02.06 (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 133.02.06 Unlawful Possession of a Firearm—Second Degree—Bail for Serious Offense—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 had a firearm in [his] [her] possession or control;
(2) That the defendant was free on [bond] [or] [personal recognizance] pending [trial] [appeal] [sentencing] for [(name of serious offense)] [or] [a serious offense]; and
(3) That the 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), including with regard to defense stipulations, see the Comment to WPIC 133.02 (Unlawful Possession of a Firearm—First Degree—Elements). The same Comment also includes a discussion of the statutory references for specific crimes included in “serious offense.” See also WPIC 133.53 (Serious Offense—Definition).
COMMENT
RCW 9.41.040(2)(a)(v). 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 does not infringe constitutional rights. State v. Jorgenson, 179 Wn.2d 145, 312 P.3d 960 (2013). However, it is unconstitutional to prohibit ownership, rather than possession, of firearms while free on bond pending trial of a serious offense. State v. Spiers, 119 Wn.App. 85, 79 P.3d 30 (2003).
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).
[Current as of December 2019.]
End of Document