(N.J.S.A. 2C:39-3e)
Count _____ of the indictment charges defendant with the offense of possession of a (weapon specified in charge). In pertinent part, the indictment alleges that
(Read material part of Count ____ to jury but omit the
“without any explainable purpose” language in Count)
The statute that defendant is accused of violating states that: Any person who knowingly has in his/her possession any (weapon specified in the charge)1 is guilty of a crime.
In order to convict defendant of this offense, you must be satisfied that the State has proved beyond a reasonable doubt each of the following three elements:
1. That the object in issue/Exhibit S-____ is/was a (weapon specified);
2. That defendant possessed (weapon specified/Exhibit S- ) on (date alleged in the indictment); and
3. That defendant possessed (weapon specified/Exhibit S- ) knowing that it was a (gravity knife, switchblade knife, etc.).
The first element that the State must prove beyond a reasonable doubt is that the object in issue/Exhibit S-____ is a (weapon specified in the charge).2
The second element that the State must prove beyond a reasonable doubt is that defendant possessed the object in issue/Exhibit S-____ on (the date alleged in the indictment). The term
1 The list of weapons specified in the text of N.J.S.A. 2C:39-3e (gravity knife, switchblade knife, dagger, etc.) is complete. Possession of a different type of knife or weapon even if dangerous or used unlawfully is not an offense under N.J.S.A. 2C:39-3e [but might be violative of other statutory provisions such as N.J.S.A. 2C:39-4d (possession of a weapon for an unlawful purpose) or N.J.S.A. 39-5d (unlawful possession of a weapon).]
2 The weapons statute provides specific definitions for three of the weapons mentioned in N.J.S.A. 2C:39-3e. See N.J.S.A. 2C:39-1h for “gravity knife,” N.J.S.A. 2C:39-1p for “switchblade knife,” and N.J.S.A. 2C:39-1u for “ballistic knife.” A standard dictionary definition should be used for instructional purposes whenever an indictment alleges possession of another type of weapon (dagger, dirk, stiletto, etc.) prohibited by N.J.S.A. 2C:39-3e.
POSSESSION OF CERTAIN WEAPONS
(N.J.S.A. 2C:39-3e)
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possession means [insert model jury charge for actual/joint/ constructive possession, as appropriate].3
The third element that the State must prove beyond a reasonable doubt is that defendant possessed the object in question/Exhibit S-____ knowing that it was a (gravity knife, switchblade knife, etc.) A defendant acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if defendant is aware that his/her conduct is of that nature, or that such circumstances exist, or defendant is aware of a high probability of their existence. A defendant acts knowingly with respect to his/her conduct if defendant is aware that it is practically certain that his/her conduct will cause such a result.4 In this case, the State must prove beyond a reasonable doubt that defendant was aware that the object in question/Exhibit S-____ was a (weapon specified in indictment). Because knowingly is a state of mind that cannot be seen and can only be determined by inference from conduct, words or acts, it is rarely susceptible to direct proof. It is not necessary, therefore, that the State produce witnesses to testify that defendant knowingly possessed a (weapon specified). Defendant’s knowledge may be gathered from his/her conduct and/or from all defendant said or did on (date of incident) and from all the surrounding circumstances reflected in the proofs.
If you find that the State has proven all three elements beyond a reasonable doubt, you must return a verdict of guilty. On the other hand, if you find that the State has failed to prove any of these elements beyond a reasonable doubt, you must return a verdict of not guilty.
* * * * * * *
3 If the weapon was found in a vehicle, the jury should be instructed on the presumptions (inferences) contained in N.J.S.A. 2C:39-2a, as applicable. See Evid. R. 303 regarding the language to be used in instructing the jury on presumptions.
4 N.J.S.A. 2C:2-2b.
POSSESSION OF CERTAIN WEAPONS
(N.J.S.A. 2C:39-3e)
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[CHARGE IF APPROPRIATE]5
During this trial, evidence has been presented that would show that defendant may have had an explainable lawful purpose for his possession of S-___/(weapon). Defendant maintains that [insert explainable lawful purpose asserted by defendant] and has proffered [insert testimony/evidence offered in support of that explanation]. It is for you the jurors to consider and weigh this evidence. The burden of disproving or negating the explanation lies with the State. In order to find defendant guilty, the State must prove beyond a reasonable doubt that defendant’s possession of S-____/(weapon) was without any explainable lawful purpose. If the State has proved beyond a reasonable doubt that defendant’s possession of S-____/(weapon) was without any explainable lawful purpose, you must return a verdict of guilty. On the other hand, if you find that the State has failed to prove this beyond a reasonable doubt, you must return a verdict of not guilty.6
5 See generally, State v. Lee, 96 N.J. 156 (1984); State v. Blaine, 221 N.J. Super. 66 (App. Div. 1987).
6 Note further that the prohibited weapons statute expressly exempts military personnel and law enforcement officers from the proscriptions of N.J.S.A. 2C:39-3e if possession of the prohibited weapon is authorized under law, regulations or military/law enforcement orders. See N.J.S.A. 2C:39-3g. The confiscation, seizure or other possession of a prohibited weapon by a law enforcement officer acting on his/her duty is also exempted, provided that the officer promptly notifies a superior of his possession of the prohibited weapon.
An additional exemption applies to the possession of a nightstick by a guard in the employ of a private security company, provided that (1) the guard possessed the nightstick when in the actual performance of his official duties; (2) the guard is licensed to carry a firearm, and (3) the guard has satisfactorily completed a training course in the use of a nightstick approved by the Police Training Commission. See N.J.S.A. 2C:39-3i. In matters where any of the above exemptions are asserted by the defense, instructions on these provisions, as applicable, should be given to the jury.
