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Federal Jury Instructions on Firearms Crimes


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The Sixth Circuit (which covers Michigan, Ohio, Kentucky and Tennessee) just posted new Pattern Jury Instructions on their website.  I thought some of you would find this information interesting.  If you are not familiar with Pattern Jury Instructions, they are essentially "pre-approved" versions of the instructions that a judge will read to the jury immediately before the jury leaves to deliberate in a case.  These instructions are intended to tell the jury what the law is and how the jurors are supposed to view the evidence.  Unfortunately, there are only a few firearms crimes for which there are Pattern Jury Instructions, so there's not much here for more specific issues, like NFA-related crimes.

 

The firearms crimes are in Chapter 12 on this page:

 

http://www.ca6.uscourts.gov/internet/crim_jury_insts.htm

 

You might also look at the Defenses section (Chapter 6), and particularly the instructions on Coercion/Duress, Self-Defense, and Justification.  

 

Keep in mind these only relate to Federal crimes and have no relation to crimes under Tennessee laws.  The "elements" of a crime under Tennessee law are different and the information in these Pattern Jury Instructions may not be applicable in a state court.  However, they might help you understand what the court will require from a prosecutor to prove a particular crime.

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Posted

So, having a non-function Starter gun in a locked trunk with a person outside the vehilce can be construed to be carrying for the purpose of conviction? 

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