Momentary Innocent Handling of a Prohibited Weapon In Arizona

In State v. Tyler, 149 Ariz. 312, 718 P.2d 214 (App. 1986), the defendant's theory had been that his mere "momentary innocent handling" of a prohibited weapon was insufficient to establish criminal possession. 149 Ariz. at 316, 718 P.2d at 218. The Court found the trial court did not abuse its discretion in refusing to give the defendant's proposed jury instruction, which focused on the defendant's possession of the weapon "for a limited period of time." Id. The court determined that existing instructions on the meaning of possession adequately conveyed the meaning of "control" and that the proposed instruction would be of no further assistance to the jury. Id.