New Jersey Weapons Charges
Approved 3/30/93
POSSESSION OF FIREARMS, WEAPONS,
DESTRUCTIVE DEVICES,
SILENCERS OR EXPLOSIVES IN A
VEHICLE
(N.J.S.A. 2C:39-2)
I have previously
instructed you concerning your consideration of circumstantial
evidence presented in this case. That is, you may infer a fact from
other facts in the case if you find it more probable than not that
the inferred fact is true.
Evidence has been
presented that a
was found in a vehicle.
[Charge whichever
inference(s) is/are appropriate:]
[Inference #1] If
you find that defendant was the sole occupant of the vehicle, you
may infer that this occupant possessed the
.
[Inference #2] If
you find that the vehicle had more than one occupant, you may infer
that the
was possessed by all of the occupants.
[Inference #3] If
you find that the
was on
the person of one of the occupants, you may infer that it was
possessed by that occupant alone.
[Inference #4] If
you find that the vehicle was not stolen and that the
was out of view in a glove
compartment, trunk, or other enclosed customary depository, you may
infer that the was possessed
by the occupant(s) who owned or had authority to operate the
vehicle.
[Inference #5] If
you find that the vehicle was a taxicab which had passengers and the
was found in the passengers'
portion of the vehicle, you may infer that the
was possessed by all of the
passengers. If you find that the taxicab had no passengers, you may
infer that the
was possessed by the driver.
You are never required or
compelled to draw any inference. It is your exclusive province to
determine whether the facts and circumstances shown by the evidence
support any inferences and you are always free to accept or reject
them if you wish.
State v. Bolton, 230 N.J.
Super. 476 (App. Div. 1989).
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