It is a crime for a person to keep or carry a loaded firearm in or on any motor vehicle. [If relevant to the case, the Jury must be instructed on one or more of the following exceptions:

1) A member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations while possessing the firearm issued to the member by the organization and while on official duty;

2) A law enforcement officer, except while the officer is engaged in hunting or trapping activities with a rifle or shotgun;

3) Any person possessing a valid North Dakota concealed weapons license or a valid license issued by another state authorizing the person to carry a dangerous weapon concealed if that state permits a holder of a valid North Dakota concealed weapons license to carry a dangerous weapon concealed in that state without obtaining a similar license from that state, except while that person is in the field engaged in hunting or trapping activities;

4) Any person in the field engaged in lawful hunting or trapping of nongame species of furbearing animals;

5) A security guard or private investigator licensed to carry firearms by the attorney general;

6) Any person possessing a valid special permit issued pursuant to NDCC 20.1-02-05.]

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, the Defendant, ________________, had a loaded firearm; and

2) That loaded firearm was kept or carried in or on a motor vehicle.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02, 62.1-01-01(16).]

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