O35.3 Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
O35.3
Statute
18 U.S.C. § 924(c)(1)(A)
Edition
Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
Official source
Official PDF, page 262

Elements

Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) that the Defendant committed the [violent crime] [drug-trafficking crime] charged in Count _______ of the indictment; and

(2) that the Defendant knowingly possessed a firearm in furtherance of that crime, as charged in the indictment.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

If you find the defendant guilty of possessing a firearm in furtherance of a [violent crime] [drug-trafficking crime], you will answer an additional question about the firearm: whether the firearm was [a short-barreled rifle] [a short-barreled shotgun] [a semiautomatic assault weapon] [a machinegun] [was equipped with a firearm silencer or firearm muffler] [a destructive device]. The Government has the burden of proof on this question, and the standard again is proof beyond a reasonable doubt.

[A “rifle” is a firearm intended to be fired from a person’s shoulder which, when the trigger is pulled, expels only one projectile through a grooved barrel. A “short-barreled rifle” is a rifle with one or more barrels that are less than sixteen inches long, or any weapon made from a rifle and which is less than twenty-six inches long overall.]

[A “shotgun” is a firearm intended to be fired from a person’s shoulder which, when the trigger is pulled, expels one projectile or a number of pellets contained in one shell, through a smooth barrel. A “short-barreled shotgun” is a shotgun with one or more barrels that are less than eighteen inches long, or any weapon made from a shotgun and which is less than twenty-six inches long overall.]

[A “semiautomatic weapon” is a weapon that uses the action of an explosive to expel a projectile and automatically reload another, which requires the trigger to be pulled again to expel the next projectile. A “semiautomatic assault weapon” is [type of firearm or applicable characteristics from 18 U.S.C. § 921(a)(30)]].

[A machinegun is a weapon that shoots, is designed to shoot, or can be readily restored to shoot, multiple shots automatically, without manual reloading, using one sustained pull of the trigger or by a single pulling of the trigger. The term also includes any part or combination of parts used to assemble, or convert another weapon into, a machinegun.]

[A “firearm silencer” or “firearm muffler” is any device that can be attached to a firearm to silence, muffle, or lessen the sound of a firearm if discharged. The term also includes any combination of parts designed for use in assembling or fabricating a firearm silencer or firearm muffler.]

[A “destructive device” is any weapon designed to or readily convertible to expel a projectile by the action of an explosive or other propellant, and which has a barrel with an interior width of more than one-half inch in diameter.]

Related practice page

Federal Gun Charges Under 18 U.S.C. § 924(c) in Miami

Official source: Official PDF, page 262

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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