Criminal Jury Instructions Home

8.2-1  Improper Sale, Delivery or Transfer of Pistol or Revolver -- § 29-33 (a)

Revised to December 1, 2007

The defendant is charged [in count __] with the (sale / delivery / transfer) of a pistol or revolver to a person who is prohibited by law¹ from possessing a pistol or revolver.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Sold, delivered or transferred a pistol or revolver
The first element is that the defendant (sold / delivered / transferred) a pistol or revolver.  The words sell, deliver and transfer, as used in this statute, have their ordinary meaning.  A "pistol or revolver" means any firearm having a barrel less than twelve inches.²  The state alleges that the defendant (sold / delivered / transferred) a pistol or revolver to <insert name of person>.

Element 2 - To a person prohibited from possessing
The second element is that the person to whom the defendant (sold / delivered / transferred) it was prohibited by law from possessing a pistol or revolver.  The state alleges that <insert name of person> was prohibited from possessing a pistol or revolver at the time of the transaction because (he/she) <insert one of the following:>

• had been convicted of <insert alleged conviction>.  "Convicted" means having a judgment of conviction entered by a court of competent jurisdiction.  This conviction must have occurred prior to the date of the alleged transaction.

• had been adjudicated delinquent for committing a serious juvenile offense, specifically <insert alleged offense>.

• had been discharged from custody on <insert date> after having been found not guilty of <insert crime> by reason of mental disease or defect.

• had been confined in a hospital for persons with psychiatric disabilities until <insert date> by order of a probate court.

• knew that (he/she) was subject to a (restraining / protective) order of (this state / the state of <insert state>).  <Review evidence of order.>  All (restraining / protective) orders prohibit the subject of the order from possessing firearms.

• knew that (he/she) was subject to a firearms seizure order.  <Review evidence of order.>

• was prohibited by federal law from possessing a pistol or revolver, specifically <insert relevant federal prohibition>.

• was an alien illegally or unlawfully in the United States.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold / delivered / transferred) a pistol or revolver to <insert name of person>, and 2) <insert name of person> was prohibited by law from possessing a pistol or revolver at the time of the transaction.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the (sale / delivery / transfer) of a pistol or revolver to a person who is prohibited by law from possessing a pistol or revolver, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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¹ As provided in General Statutes § 53a-217c.

² Because the definition of "pistol or revolver" derives from General Statutes § 29-27, operability of the pistol or revolver is not a requirement of this offense.  See glossary entry for pistol or revolver.

Commentary

Sentence Enhancer
General Statutes § 29-33 (i) provides a sentence enhancement if the pistol or revolver was stolen, or the manufacturer's number or other mark of identification on such pistol or revolver has been altered, removed or obliterated.  See Altering of Firearm Identification Mark, Instruction 8.2-6.  The jury must find this fact proved beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4.