California Criminal Jury Instructions (CALCRIM) (2017)

2541. Carrying Firearm: Stolen Firearm

Download PDF
2541.Carrying Firearm: Stolen Firearm (Pen. Code,
§§ 25400(c)(2), 25850(c)(2))
If you find the defendant guilty of unlawfully (carrying a concealed
firearm (on (his/her) person/within a vehicle)[,]/ causing a firearm to be
carried concealed within a vehicle[,]/ [or] carrying a loaded firearm)
[under Count[s] ], you must then decide whether the People have
proved the additional allegation that the firearm was stolen.
To prove this allegation, the People must prove that:
1. The firearm the defendant (carried/ [or] caused to be carried
concealed in a vehicle) was stolen;
AND
2. The defendant knew or had reasonable cause to believe the
firearm was stolen.
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
this allegation has not been proved.
New January 2006; Revised February 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the sentencing factor. (See Apprendi v. New Jersey (2000) 530 U.S. 466, 475–476,
490 [120 S.Ct. 2348, 147 L.Ed.2d 435].)
Give this instruction if the defendant is charged under Penal Code section
25400(c)(2) or 25850(c)(2) and the defendant does not stipulate to the firearm
being stolen. (People v. Hall (1998) 67 Cal.App.4th 128, 135 [79 Cal.Rptr.2d 690].)
This instruction must be given with the appropriate instruction defining the
elements of carrying a concealed firearm, CALCRIM No. 2520, 2521, or 2522, or
carrying a loaded firearm, CALCRIM No. 2530. 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 defendant does stipulate that the firearm was stolen, this instruction should
not be given and that information should not be disclosed to the jury. (See People
v. Hall, supra, 67 Cal.App.4th at p. 135.)
AUTHORITY
• Factors. Pen. Code, §§ 25400(c)(2), 25850(c)(2). Sentencing Factors, Not
Elements People v. Hall (1998) 67 Cal.App.4th 128, 135 [79 Cal.Rptr.2d 690].
400
0064
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 154, 185.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.01[1][d] (Matthew Bender).
WEAPONS CALCRIM No. 2541
401
0065