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Criminal Jury Instructions

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8.2-4  Sale or Transfer of Pistol or Revolver to Person under 21 Years of Age -- § 29-34 (b)

Revised to December 1, 2007

The defendant is charged [in count __] with the sale or transfer of a pistol or revolver to a person under 21 years of age.  The statute defining this offense reads in pertinent part as follows: 

no person shall (sell / barter / hire / lend / give / deliver / transfer) to any person under the age of twenty-one years any 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 or transferred a pistol or revolver
The first element is that the defendant (sold / bartered / hired / lent / gave / delivered / transferred) a pistol or revolver to another person.  The word[s] (sold / bartered / hired / lent / gave / delivered / transferred) (has its / have their) ordinary meaning.

A "pistol or revolver" means any firearm having a barrel less than twelve inches.1

Element 2 - To a person under 21 years of age
The second element is that the person was under 21 years of age at the time that (he/she) received the pistol or revolver.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold / bartered / hired / lent / gave / delivered / transferred) a pistol or revolver to another person, and 2) that person was under 21 years of age at the time.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the sale or transfer of a pistol or revolver to a person under 21 years of age, 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 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

See General Statutes § 29-34 (b) for exceptions to culpability.  "[W]here exceptions to a prohibition in a criminal statute are situated separately from the enacting clause, the exceptions are to be proven by the defense."  (Internal quotation marks omitted.)  State v. Valinski, 254 Conn. 107, 123 (2000) (rule also applies when the exception is found in a separate statute).
 


 

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