Model jury instruction regarding unlawful possession of large capacity weapons and/or feeding devices

From Comm. v. Cassidy, 479 Mass. 427 (2018) appendix.

Model Jury Instruction

The defendant is charged with unlawfully possessing a large capacity (weapon) (feeding device).

In order to prove the defendant guilty of this offense, the Commonwealth must prove four elements beyond a reasonable doubt:

First:  That the defendant possessed an item;

Second:  That the item meets the legal definition of "large capacity (weapon) (feeding device)";

Third:  That the defendant knew that (he) (she) possessed that (weapon) (feeding device); and

Fourth:  That the defendant knew that the (weapon) (feeding device) met the legal definition of a large capacity (weapon) (feeding device) or was capable of holding more than ten rounds of ammunition.

To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the defendant possessed the (firearm) (feeding device).  A person "possesses" something if (he) (she) has direct physical control or custody of it at a given time.

To prove the second element, the Commonwealth must prove beyond a reasonable doubt that the item in question met the legal definition of a large capacity (weapon) (feeding device).  (A large capacity weapon is defined in our law as any firearm, rifle, or shotgun that is semiautomatic and has a fixed large capacity feeding device or is capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device, or any firearm, rifle, or shotgun that employs a rotating cylinder capable of accepting more than ten rounds of ammunition or more than five shotgun shells.)  (A large capacity feeding device is defined in our law as a fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells.)

To prove the third element, the Commonwealth must prove beyond a reasonable doubt that the defendant knew that (he) (she) was in possession of a (weapon) (feeding device).

To prove the fourth element, the Commonwealth must prove beyond a reasonable doubt either that the defendant knew that that the (weapon) (feeding device) met the legal definition of "large capacity" or that the defendant knew that the (weapon) (feeding device) was capable of accepting, or readily modifiable to accept, more than ten rounds of ammunition or more than five shotgun shells.

This requires you to make a decision about the defendant's state of mind at the time of the alleged unlawful possession of a large capacity (weapon) (feeding device).  You may examine the defendant's actions and words, and all of the surrounding circumstances, to help you determine the extent of the defendant's knowledge.

Source

Comm v. Cassidy, 479 Mass. 527 (2018)

Date published:	May 14, 2018