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;
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
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
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.)
• 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].