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Criminal Jury Instructions

Criminal Jury Instructions Home

8.2-7  Sale of a Facsimile Firearm -- § 53-206c (b)

Revised to December 1, 2007

The defendant is charged [in count __] with the sale of a facsimile firearm.  The statute that defines this offense reads in pertinent part as follows: 

no person shall give, offer for sale or sell any facsimile of a firearm.

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

Element 1 - Gave, sold or offered for sale a facsimile firearm
The first element is that the defendant gave, sold, or offered for sale a facsimile of a firearm.  The terms gave, sold and offered for sale have their ordinary meaning. 

Element 2 - Facsimile that could pass as a real firearm
The second element is that the facsimile was such that it could reasonably be perceived as a real firearm.1  "Firearm" is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded, from which a shot may be discharged.2

A "facsimile of a firearm" is (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm.  Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet -firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant gave, sold, or offered for sale a facsimile of a firearm, and 2) it could reasonably be perceived as a real firearm.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the sale of a facsimile firearm, 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 The statute provides that "[t]he provisions of this subsection shall not apply to any facsimile of a firearm, which, because of it distinct color, exaggerated size or other design features, cannot reasonably be perceived to be a real firearm."

2 Although § 53-206c specifically references the definition of "firearm" in § 53a-3 (19), which requires that the firearm be operable, operability is not an issue with this offense, because the object is not a real firearm.
 


 

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