• 2012 - Unlawful Possession of a Firearm (Felony conviction for violence or intimidation)
  • K-17.43
    • Public Crimes
  • A person who has been convicted of a felony offense involving violence or intimidation and owned, possessed or controlled a firearm within ten (10) 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 [list specific felony offense from chapters 12.1-16 through 12.1-25 or equivalent federal or state offense] involving violence or intimidation;

     

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

     

    4) Did so within ten (10) years from the date of conviction, release from incarceration, parole or probation, whichever is latest.

     

    * * * * *

     

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

  • View PDF
  • Notes: