OUJI-CR 6-37A

TRANSPORTING A LOADED FIREARM - ELEMENTS

No person may be convicted of transporting a loaded firearm unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly;

Second, willfully;

Third, transporting;

Fourth, a [Specify Type of Firearm];

Fifth, with a (loaded clip/magazine)/(bullet/shell loaded in its chamber);

Sixth, in the interior/(locked exterior compartment)/trunk;

Seventh, of a motor vehicle;

Eighth, on a public highway/roadway.

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Statutory Authority: 21 O.S. Supp. 2000, § 1289.13.

Notes on Use

It is not unlawful to transport a rifle or shotgun in the trunk of an automobile or an exterior locked compartment of a truck if there is not a round loaded in the chamber. 21 O.S. Supp. 2000, § 1289.13. Accordingly, the Fifth and Sixth Elements must specify where the firearm was located in the vehicle and whether the firearm had a bullet or shell loaded in its chamber.

(2000 Supp.)