O35.2 Using or Carrying a Firearm During a Violent Crime or Drug-Trafficking Crime

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 during and in relation to that crime the Defendant knowingly [used] [carried] a firearm, as charged in the indictment.

If you find the defendant guilty of [using] [carrying] a firearm during and in relation to 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 terms also include 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.]