John is charged with aggravated assault with a firearm. The prosecution intends to enter the firearm taken from the defendant into evidence. The firearm is a handgun, Glock model 22, .40 caliber. The prosecutor asks the court to take judicial notice that a "Glock 22 is a .40 caliber handgun" and asks the court to give the jury an instruction telling them the court has judicially noticed the fact a Glock 22 is a handgun and they must find this as a fact in their deliberations.

Discuss fully the issues with the request from the prosecutor as well as the instruction as it relates to the FRE 201

Answer rating: 100% (QA)

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