2543.Carrying Firearm: Not in Lawful Possession (Pen. Code,
§§ 25400(c)(4), 25850(c)(4))
The People have also alleged that the defendant did not lawfully possess
the ﬁrearm at issue in this case. 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 this additional allegation.
To prove this allegation, the People must prove that the defendant did
not lawfully possess the ﬁrearm.
A person lawfully possesses a ﬁrearm if he or she either lawfully owns
the ﬁrearm or has the permission of (the lawful owner/ [or] a person
who otherwise has apparent authority over the ﬁrearm). A person does
not have lawful possession of a ﬁrearm if he or she takes it without the
permission of the lawful owner or custodian of the ﬁrearm.
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)(4) or 25850(c)(4) and the defendant does not stipulate to unlawful
possession. (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 to unlawful possession, 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)(4), 25850(c)(4).