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Criminal Jury Instructions

Criminal Jury Instructions Home

2.9-3  Inoperability of Firearm -- § 53a-16a

Revised to December 1, 2007 (modified May 10, 2012)

The defendant has raised the affirmative defense that the <insert type of firearm> was not a weapon from which a shot could be discharged.  In other words, the <insert type of firearm> was inoperable.1

<See Affirmative Defense, Instruction 2.9-1.>
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1  On the use of the term “inoperable,” see State v. Darryl W., 303 Conn. 353, 357 n.5.

Commentary

            Section 53a-16a applies to the following offenses:

            § 53a-55a, Manslaughter in the first degree with a firearm.

            § 53a-56a, Manslaughter in the second degree with a firearm.

            § 53a-60a, Assault in the second degree with a firearm.

            § 53a-92a, Kidnapping in the first degree with a firearm.

            § 53a-94a, Kidnapping in the second degree with a firearm.

            § 53a-102a, Burglary in the second degree with a firearm.

            § 53a-103a, Burglary in the third degree with a firearm.

            All of these offenses include the following provision: "uses, or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, machine gun, rifle or other firearm."

A similar affirmative defense is found in § 53a-134 (a) (4), robbery in the first degree. In contrast to the above offenses, it is applicable only to the subdivision that includes "displays or threatens the use of what he represents by his words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm." State v. Hawthorne, 175 Conn. 569, 573 (1978) (operability is not an element of this subdivision of robbery; inoperability is an affirmative defense that may be raised).  


 

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