A person who has been convicted of [a felony offense] [a Class A Misdemeanor offense involving violence or intimidation in violation of {list specific offense from chapters 12.1-16 through 12.1-25 or equivalent federal or state offense} and the offense was committed while using or possessing a firearm, destructive device or an explosive], and owned, possessed or had under the person’s control a firearm within five (5) years from the date of conviction, release from incarceration, parole or probation, whichever is latest, is guilty of unlawful possession of a firearm.

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, _______________, has been convicted of [a felony offense] [a Class A Misdemeanor {list specific offense involving violence or intimidation from chapters 12.1-16 through 12.1-25 or equivalent federal or state offense} and the offense was committed while using or possessing a firearm, destructive device or an explosive]; 

3) Owned, possessed, or controlled a firearm; and

4) Did so within five (5) years from the date of conviction, release from incarceration, parole or probation, whichever is latest.

* * * * *

NDCC 62.1-02-01(1)(b)
NDCC 62.1-01-01
NDCC 62.1-02-01(2)

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