• 2012 - Unlawful Possession of a Handgun by Person Under 18 Years
  • K-17.40
    • Public Crimes
  • A person who, under the age of eighteen (18) years, possessed a handgun when they were not under the direct supervision of an adult for the purposes of firearm safety training, target shooting, or hunting, is guilty of unlawful possession of a handgun.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota;

     

    2) The Defendant, _______________, was under the age of eighteen (18) years; and

     

    3) Possessed a handgun; and

     

    4) Was not under the direct supervision of an adult for the purposes of firearm safety training, target shooting, or hunting.

     

    * * * * *

     

    NDCC 62.1-02-01(1)(d)
    NDCC 62.1-01-01

     

    State v. Eldred, 1997 ND 112, 32-34, 564 NW2d 283 (discussing the title of the jury instruction and the essential element of having to prove the underlying felony conviction)

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