California Criminal Jury Instructions (CALCRIM) (2017)

2545. Carrying Loaded Firearm: Not Registered Owner

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2545.Carrying Loaded Firearm: Not Registered Owner (Pen.
Code, § 25850(c)(6))
If you find the defendant guilty of unlawfully carrying a loaded firearm
[under Count ], you must then decide whether the People have
proved the additional allegation that the defendant was not the
registered owner of the firearm.
To prove this allegation, the People must prove that the defendant is not
listed with the Department of Justice as the registered owner 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
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
25850(c)(6) and the defendant does not stipulate that he or she was not the
registered owner. (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 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 he or she was not the registered owner, 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, § 25850(c)(6). Sentencing Factors, Not Elements People
v. Hall (1998) 67 Cal.App.4th 128, 135 [79 Cal.Rptr.2d 690].
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).
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