MD MPJI-Cr 4:35.4 Weapons — Use of a Handgun or Firearm in the Commission of a Felony or Crime of Violence

MD MPJI-Cr 4:35.4 Weapons — Use of a Handgun or Firearm in the Commission of a Felony or Crime of Violence

State: Maryland

Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)

4:35.4 Weapons — Use of a Handgun or Firearm in the Commission of a Felony or Crime of Violence

A
 WEAPONS — USE OF A HANDGUN IN THE COMMISSION OF A FELONY OR CRIME OF VIOLENCE (For Acts Committed Prior to October 1, 2011)

The defendant is charged with the crime of use of a handgun in the commission of a [felony] [crime of violence]. The [felony(ies)] [crime(s) of violence] in this case [is] [are] (felony(ies) or crime(s) of violence). In order to convict the defendant, the State must prove:

(1) that the defendant committed the [felony(ies)] [crime(s) of violence] of (felony(ies) or crime(s) of violence); and
(2) that the defendant used a handgun in the commission of the (felony(ies) or crime(s) of violence).

A handgun is a pistol, revolver, or other firearm capable of being concealed on or about the person, and which is designed to fire a bullet by the explosion of gunpowder.

Use of a handgun means that the defendant actively employed a handgun. Mere possession of a handgun at or near the crime, without active employment, is not sufficient. Although the term use connotes something more than potential for use, there need not be conduct that actually produces harm, but only conduct that produces a fear of harm or force by some means.

Such means include brandishing, displaying, striking with, firing, or attempting to fire a handgun in furtherance of the [felony(ies)] [crimes of violence].

B
 WEAPONS — USE OF A FIREARM IN THE COMMISSION OF A FELONY OR CRIME OF VIOLENCE (For Acts Committed On or After October 1, 2011)

The defendant is charged with the crime of use of a firearm in the commission of a [felony] [crime of violence]. The [felony(ies)] [crime(s) of violence] in this case [is] [are] (felony(ies) or crime(s) of violence).

In order to convict the defendant, the State must prove:

(1) that the defendant committed the [felony(ies)] [crime(s) of violence] of (felony(ies) or crime(s) of violence); and
(2) that the defendant used a firearm in the commission of the (felony(ies) or crime(s) of violence).

A firearm is:

(1) a weapon that fires, is designed to fire, or may readily be converted to fire a projectile by the action of an explosive; or
(2) the frame or receiver of such a weapon.

A firearm includes an antique firearm, handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.

Use of a firearm includes brandishing, displaying, striking with, firing, or attempting to fire a firearm in furtherance of the [felony(ies)] [crime(s) of violence]. A person uses a firearm when [he] [she] uses it to create fear of harm. The defendant need not injure anyone with the firearm. Mere possession of a firearm at or near the crime is not sufficient.

By | 2015-06-12T13:20:45+00:00 June 12th, 2015|Comments Off on MD MPJI-Cr 4:35.4 Weapons — Use of a Handgun or Firearm in the Commission of a Felony or Crime of Violence