LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of carrying a handgun in a motor vehicle as a member of a criminal street gang.

Relevant Statutes

A person commits the offense if he, as a member of a criminal street gang, intentionally, knowingly, or recklessly carries a handgun on or about his person while in a motor vehicle.

Definitions

Criminal Street Gang

“Criminal street gang” means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

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.]

Handgun

A “handgun” means any firearm that is designed, made, or adapted to be fired with one hand.

Intentionally Carrying a Handgun on or about His Person

A person intentionally carries a handgun on or about his person if the person has the conscious objective or desire to carry a handgun on or about his person.

Knowingly Carrying a Handgun on or about His Person

A person knowingly carries a handgun on or about his person if the person is aware that he is carrying a handgun on or about his person.

Recklessly Carrying a Handgun on or about His Person

A person recklessly carries a handgun on or about his person if the person is aware of the substantial and unjustifiable risk that he is carrying a handgun on or about his person 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], carried a handgun on or about his person;
2. the defendant did this either intentionally, knowingly, or recklessly;
3. at the time of carrying of the handgun, the defendant was in a motor vehicle;
4. the defendant was a member of a criminal street gang; and
5. as a member of that criminal street gang, the defendant continuously or regularly associated in the commission of criminal activities with members of that criminal street gang.

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.”

[Include the following if the evidence raises the defense.]

If you all agree that the state has proved, beyond a reasonable doubt, each of the five elements listed above, you must next consider whether the defendant is not guilty because he carried a handgun license.

Handgun-License Defense

The offense of illegally carrying a handgun does not apply to a person who is carrying (1) a license to carry a handgun that was issued under chapter 411, subchapter H, of the Texas Government Code; and (2) a handgun that is concealed or in a holster.

Burden of Proof

The defendant is not required to prove the handgun-license defense. Rather, the state must prove, beyond a reasonable doubt, that the handgun-license defense does not apply to the defendant’s conduct.

Application of Law to Facts

To decide whether the handgun-license defense applies, you must determine whether the state has proved, beyond a reasonable doubt, that either—

1. the defendant was not carrying a license to carry a handgun that was issued under chapter 411, subchapter H, of the Texas Government Code; or
2. the defendant was carrying a license to carry a handgun that was issued under chapter 411, subchapter H, of the Texas Government Code, but the handgun that the defendant was carrying was not concealed and was not in a holster.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1 or 2 listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, elements 1 and 2 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of carrying a handgun in a motor vehicle, and you all agree the state has proved, beyond a reasonable doubt, either element 1 or 2 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.]