New Mexico Forms Library

14-701. Receipt, transportation or possession of a firearm or destructive device by a felon; essential elements.

            For you to find the defendant guilty of receipt, [transportation] [or]¹ [possession] of a [firearm] [or] [destructive device] by a felon [as charged in count ____________]², the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant [received] [transported] [or]¹ [possessed] a [firearm³] [or]¹ [destructive device⁴]

            2.         The defendant, in the preceding ten years, was convicted and sentenced to one or more years imprisonment by a court of the United States or by a court of any state [and has not been pardoned of the conviction by the appropriate authority]⁵;

            3.         This happened in New Mexico on or about the ____________ day of ______________, ________.

USE NOTES

            1.         Use only the applicable alternative.

            2.         Insert count number if more than one count is charged.

            3.         Give UJI 14-704 NMRA, the definition of a firearm, if applicable.

            4.         Give the Section 30-7-16(C)(1) definition of "destructive device", if applicable.

            5.         Use bracketed language only if there is an issue as to whether the defendant has been pardoned for the offense.

[Adopted, effective May 1, 1986; as amended, effective January 1, 1999.]