Washington Practice Series TM
Database Updated November 2011
Washington Pattern Jury Instructions--Criminal
2008 Edition Prepared by the Washington Supreme Court Committee On Jury Instructions, Hon. Sharon S. Armstrong, Co-Chair, Hon. William L. Downing, Co-Chair
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.05.01 Carrying or Placing a Loaded Pistol In a Vehicle—Elements
To convict the defendant of the crime of carrying or placing a loaded pistol in a vehicle, each of the following four elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about __________, the defendant [knowingly] carried or placed a pistol in a vehicle;
(2) That the pistol was loaded;
(3) That
(a) the defendant did not have a license to carry a concealed pistol, or
(b) at the time the pistol was in the vehicle, the defendant was away from the vehicle and did not lock the pistol within the vehicle, concealed from view from outside the vehicle;
and
(4) That this act occurred in the [State of Washington][City of ][County of ].
If you find from the evidence that elements (1), (2), and (4), and either of the alternative elements (3)(a) or (3)(b), have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. To return a verdict of guilty, the jury need not be unanimous as to which of alternatives (3)(a) or (3)(b) has been proved beyond a reasonable doubt, as long as each juror finds that at least one alternative has been proved beyond a reasonable doubt.
On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of elements (1), (2), (3), or (4), then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use bracketed material as applicable. For a discussion of the bracketed word “knowingly,” see the Comment below.
The instruction must be tailored to the facts and issues in each case. Use WPIC 10.02, Knowledge—Knowingly—Definition, as applicable, and WPIC 133.50, Pistol—Definition, with this instruction.
The instruction is drafted for cases in which the jury needs to be instructed using two or more of the alternatives for element (3). Care must be taken to limit the alternatives to those that were included in the charging document and are supported by sufficient evidence. For directions on when and how to draft instructions with alternative elements, see the Introduction to WPIC 4.20 and the Note on Use and Comment to WPIC 4.23, Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form. For the related jury interrogatory, see WPIC 190.09, Special Verdict Form—Elements with Alternatives. For any case in which substantial evidence supports only one of the alternatives in element (3), revise the instruction to remove references to alternative elements, following the format set forth in WPIC 4.21, Elements of the Crime—Form.
In element (4), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See the Introduction to WPIC 4.20. For a discussion of the phrase “this act” in element (4), see the Introduction to WPIC 4.20 and the Note on Use to WPIC 4.21, Elements of the Crime—Form.
COMMENT
RCW 9.41.050(2).
Knowledge that the weapon was loaded is not an element of this offense, nor is the lack of such knowledge a defense. However, good faith and reasonable mistake of fact as to whether the weapon was loaded may be a defense. State v. Anderson, 54 Wn.App. 384, 773 P.2d 882 (1989).
It is not clear whether the elements for this offense include knowledge that the weapon was in the vehicle. For a discussion of this issue in a related context, see the Comment to WPIC 133.05, Leaving an Unloaded Pistol in a Vehicle—Elements.
The State is required to prove that the defendant carried or placed a loaded pistol in a vehicle but not both. State v. Thierry, 60 Wn.App. 445, 803 P.2d 844 (1991).
In element (3), for clarification, the phrase “at the time the pistol was in the vehicle” is included in the second bracketed phrase. Two statutory phrases have been eliminated as redundant in the context of the instruction. The statute, RCW 9.41.050(2)(a), reads:
A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
