LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of possession of a firearm while having been previously convicted of a felony offense.

Relevant Statutes

A person commits the offense of possession of a firearm while having been previously convicted of a felony offense if he intentionally, knowingly, or recklessly possesses a firearm and, at the time of the offense, the person had been convicted of a felony offense, and the person possessed the firearm before the fifth anniversary of the [choose only what was pleaded by the state: date of the person’s release from confinement following conviction of the felony offense/person’s release from supervision under community supervision, parole, or mandatory supervision for the felony offense].

Definitions

Firearm

A “firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

[Include the following if applicable.]

“Firearm” does not include a firearm that may have, as an integral part, a folding knife blade and that is:

1. an antique or curio firearm manufactured before 1899; or
2. a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

[Continue with the following.]

Possession

“Possession” means actual care, custody, control, or management.

Premises

“Premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.

Intentionally Possessing a Firearm

A person intentionally possesses a firearm if the person has the conscious objective or desire to possess a firearm.

Knowingly Possessing a Firearm

A person knowingly possesses a firearm if the person is aware that he is possessing a firearm.

Recklessly Possessing a Firearm

A person recklessly possesses a firearm if the person is aware of the substantial and unjustifiable risk that he is possessing a firearm but consciously disregards that risk, and the risk is of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the person’s standpoint.

Knowing that the Person Has Been Convicted of a Felony Offense

A person knows that he has been convicted of a felony offense if the person is aware that he has a prior conviction for a felony offense.

Reckless about whether the Person Has Been Convicted of a Felony Offense

A person is reckless about whether he has been convicted of a felony offense if the person is aware of the substantial and unjustifiable risk that he has a prior felony conviction but consciously disregards that risk, and the risk is of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the person’s standpoint.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], possessed a firearm;
2. the defendant did this either intentionally, knowingly, or recklessly;
3. at the time of possession of the firearm, the defendant had been convicted of the felony offense of [offense] on [date], in [cause number], in [court], in [county] County, Texas;
4. at the time of the possession of the firearm, the defendant knew that, or was reckless about whether, he had been convicted of a felony offense; and
5. the defendant possessed the firearm before the fifth anniversary of [the later of] [include only that which the state has pleaded: the defendant’s release from confinement following the conviction of the felony offense/[or] the defendant’s release from supervision under community supervision, parole, or mandatory supervision for the felony offense].

You must all agree on the elements 1 through 5 listed above.

If you all agree that the state has failed to prove, beyond a reasonable doubt, any one of elements 1 through 5 listed above, you must find the defendant “not guilty.”

If you all agree that the state has proved, beyond a reasonable doubt, all five of the elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]