[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to
control it), either personally or through another person.]
[The People allege that the defendant (possessed in a vehicle/carried/
sold/offered or exposed for sale/gave/lent/transferred) the following
switchblade knives: <insert description of each knife when
multiple items alleged>. You may not ﬁnd the defendant guilty unless all
of you agree that the People have proved that the defendant (possessed
in a vehicle/carried/sold/offered or exposed for sale/gave/lent/
transferred) at least one of these knives which was a switchblade and
you all agree on which switchblade knife (he/she) (possessed in a
vehicle/carried/sold/offered or exposed for sale/gave/lent/transferred).]
New January 2006; Revised February 2015
The court has a sua sponte duty to give this instruction deﬁning the elements of
If the prosecution alleges under a single count that the defendant possessed
multiple weapons and the possession was “fragmented as to time . . . [or] space,”
the court has a sua sponte duty to instruct on unanimity. (See People v. Wolfe
(2003) 114 Cal.App.4th 177, 184–185 [7 Cal.Rptr.3d 483].) Give the bracketed
paragraph beginning “The People allege that the defendant possessed the following
switchblade knives,” inserting the items alleged.
• Elements. Pen. Code, § 21510.
•Need Not Prove Intent to Use. See People v. Rubalcava (2000) 23 Cal.4th
322, 328 [96 Cal.Rptr.2d 735, 1 P.3d 52]; People v. Mendoza (1967) 251
Cal.App.2d 835, 842–843 [60 Cal.Rptr. 5].
• Knowledge Required. See People v. Rubalcava (2000) 23 Cal.4th 322,
331–332 [96 Cal.Rptr.2d 735, 1 P.3d 52].
• Speciﬁc Intent Required for Offer to Sell. People v. Jackson (1963) 59 Cal.2d
468, 469–470 [30 Cal.Rptr. 329, 381 P.2d 1].
• Constructive vs. Actual Possession. People v. Azevedo (1984) 161 Cal.App.3d
235, 242–243 [207 Cal.Rptr. 270], questioned on other grounds in In re Jorge
M. (2000) 23 Cal.4th 866, 876, fn. 6, [98 Cal.Rptr.2d 466, 4 P.3d 297].
• Passenger’s or Driver’s Area Deﬁned. Pen. Code, § 16965.
CALCRIM No. 2502 WEAPONS