FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 7 - CHAPTER 106
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106.4 Weapons Or Firearms Possession: Defenses And Defense Theories

    106.4.2 Unlawful Possession Of Weapon: Self Defense

    106.4.2.1 Carrying Concealed Weapon Without A License: Self Defense

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 7 - CHAPTER 106

RATIONALE: A person with a valid reason to fear an attack should not be penalized for obtaining a weapon to defend against such attack.

POINTS AND AUTHORITIES: See CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT OF COLUMBIA 4.71 [Carrying A Concealed Weapon Or Pistol Without A License-Defense] ¶ 1 (Bar Association of the District of Columbia, 4th ed. 1993); see also Wilson v. U.S. (DC Cir. 1952) 198 F2d 299, 300 [recognition of self defense as to possession of weapon charge].

    See FORECITE National™ 253.4.1.1 [Self Defense: Right to Arm].

    See also FORECITE National™ 253.4.1.15 [Self Defense: Exfelon In Possession Of Weapon].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; 4.1].

See generally, FORECITE National™ 305.23.1 [Weapons Offenses].

RELATED FEDERAL MODEL INSTRUCTIONS:

See generally FORECITE National™ 106.1.2 [Possession Or Transportation Of Weapons: Federal Circuit Model Instructions And Notes].

SAMPLE INSTRUCTION:

    When a person possesses or uses a [firearm] [weapon] in [self defense] [defense of a third person], as defined in these instructions, that person is not guilty of carrying a [firearm] [weapon] during the period of actual self defense.

    The prosecution must prove beyond a reasonable doubt that the defendant [possessed] [or] [used] the weapon other than while acting in self defense.

[See generally Wilson v. U.S. (DC Cir. 1952) 198 F2d 299, 300 [recognition of self defense as to possession of weapon charge]; cf. CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT OF COLUMBIA 4.71 [Carrying A Concealed Weapon Or Pistol Without A License-Defense] ¶ 1 (Bar Association of the District of Columbia, 4th ed. 1993).]