CALCRIM No. 2530. Carrying Loaded Firearm
Judicial Council of California Criminal Jury Instructions (2017 edition)Download PDF
2530.Carrying Loaded Firearm (Pen. Code, § 25850(a))
The defendant is charged [in Count ] with unlawfully carrying a
loaded ﬁrearm (on (his/her) person/in a vehicle) [in violation of Penal
Code section 25850(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant carried a loaded ﬁrearm (on (his/her) person/in a
2. The defendant knew that (he/she) was carrying a ﬁrearm;
3. At that time, the defendant was in a public place or on a public
street in (an incorporated city/in an unincorporated area where
it was unlawful to discharge a ﬁrearm).
[A ﬁrearm is any device designed to be used as a weapon, from which a
projectile is expelled or discharged through a barrel by the force of any
explosion or other form of combustion. [A ﬁrearm also includes any
rocket, rocket-propelled projectile launcher, or similar device containing
any explosive or incendiary material, whether or not the device is
designed for emergency or distress signaling purposes.]]
[The term ﬁrearm is deﬁned in another instruction.]
As used here, a ﬁrearm is loaded if there is an unexpended cartridge or
shell in the ﬁring chamber or in either a magazine or clip attached to
the ﬁrearm. An unexpended cartridge or shell consists of a case that
holds a charge of powder and a bullet or shot. [A muzzle-loader ﬁrearm
is loaded when it is capped or primed and has a powder charge and ball
or shot in the barrel or cylinder.]
[A ﬁrearm does not need to be in working order if it was designed to
shoot and appears capable of shooting.]
[<insert location> is (an incorporated city/in an
unincorporated area where it is unlawful to discharge a ﬁrearm).]
<Defense: Statutory Exemption>
[The defendant did not unlawfully carry a loaded ﬁrearm if
<insert defense from Pen Code, §§ 25900, 26000 et seq.>.
The People have the burden of proving beyond a reasonable doubt that
the defendant unlawfully carried a loaded ﬁrearm. If the People have
not met this burden, you must ﬁnd the defendant not guilty of this
New January 2006; Revised February 2012
The court has a sua sponte duty to give this instruction deﬁning the elements of
the crime. If the defendant is charged with any of the sentencing factors in Penal
Code section 25850, the court must also give the appropriate instruction from
CALCRIM Nos. 2540–2546. (See People v. Hall (1998) 67 Cal.App.4th 128, 135
[79 Cal.Rptr.2d 690].)
The court should give the bracketed deﬁnition of “ﬁrearm” unless the court has
already given the deﬁnition in other instructions. In such cases, the court may give
the bracketed sentence stating that the term is deﬁned elsewhere.
If the defense presents sufficient evidence to raise a reasonable doubt about the
existence of a legal basis for the defendant’s actions, the court has a sua sponte
duty to give the bracketed instruction on the defense. (See People v. Mower (2002)
28 Cal.4th 457, 478–481 [122 Cal.Rptr.2d 326, 49 P.3d 1067] [discussing
affirmative defenses generally and the burden of proof].) Insert the appropriate
language in the bracketed paragraph that begins, “The defendant did not unlawfully
. . . .”
CALCRIM No. 2540, Carrying Firearm: Speciﬁed Convictions.
CALCRIM No. 2541, Carrying Firearm: Stolen Firearm.
CALCRIM No. 2542, Carrying Firearm: Active Participant in Criminal Street
CALCRIM No. 2543, Carrying Firearm: Not in Lawful Possession.
CALCRIM No. 2544, Carrying Firearm: Possession of Firearm Prohibited Due to
Conviction, Court Order, or Mental Illness.
CALCRIM No. 2545, Carrying Firearm: Not Registered Owner.
CALCRIM No. 2546, Carrying Concealed Firearm: Not Registered Owner and
• Elements. Pen. Code, § 25850(a).
•Firearm Deﬁned. Pen. Code, § 16520.
• Knowledge of Presence of Weapon Required. See People v. Rubalcava (2000)
23 Cal.4th 322, 331–332 [96 Cal.Rptr.2d 735, 1 P.3d 52]; People v. Dillard
WEAPONS CALCRIM No. 2530
(1984) 154 Cal.App.3d 261, 267 [201 Cal.Rptr. 136].
• Knowledge Firearm Loaded Not Required. People v. Dillard (1984) 154
Cal.App.3d 261, 266 [201 Cal.Rptr. 136]; People v. Harrison (1969) 1
Cal.App.3d 115, 120 [81 Cal.Rptr. 396].
• Factors in Pen. Code, § 25400(c) Sentencing Factors, Not Elements. People v.
Hall (1998) 67 Cal.App.4th 128, 135 [79 Cal.Rptr.2d 690].
• Justiﬁcations and Exemptions. Pen. Code, § 25900, 26000 et seq.
• Need Not Be Operable. People v. Taylor (1984) 151 Cal.App.3d 432, 437
[199 Cal.Rptr. 6].
• “Loaded” Firearm. People v. Clark (1996) 45 Cal.App.4th 1147, 1153 [53
• Must Be in Incorporated City or Prohibited Area of Unincorporated
Territory. People v. Knight (2004) 121 Cal.App.4th 1568, 1575 [18 Cal.Rptr.3d
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 185–186.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.01[d], [f] (Matthew Bender).
LESSER INCLUDED OFFENSES
If the defendant is charged with one of the sentencing factors that makes this
offense a felony, then the misdemeanor offense is a lesser included offense. The
statute deﬁnes as a misdemeanor all violations of the statute not covered by the
speciﬁed sentencing factors. (Pen. Code, § 25850(c)(7).) The court must provide the
jury with a verdict form on which the jury will indicate if the sentencing factor has
been proved. If the jury ﬁnds that the sentencing factor has not been proved, then
the offense should be set at a misdemeanor.
“Under the commonly understood meaning of the term ‘loaded,’ a ﬁrearm is
‘loaded’ when a shell or cartridge has been placed into a position from which it can
be ﬁred; the shotgun is not ‘loaded’ if the shell or cartridge is stored elsewhere and
not yet placed in a ﬁring position.” (People v. Clark (1996) 45 Cal.App.4th 1147,
1153 [53 Cal.Rptr.2d 99].)
Location—Court May Take Judicial Notice
“The location of local streets within city boundaries is properly a matter of judicial
notice [citation omitted], as is the fact that a particular jurisdiction is an
CALCRIM No. 2530 WEAPONS
incorporated city.” (People v. Vega (1971) 18 Cal.App.3d 954, 958 [96 Cal.Rptr.
391] [footnote and citation omitted].)
“[A] Taser is a ﬁrearm and can be a loaded ﬁrearm within [now-repealed] section
12031.” (People v. Heffner (1977) 70 Cal.App.3d 643, 652 [139 Cal.Rptr. 45].)
2531–2539. Reserved for Future Use
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