California Criminal Jury Instructions (CALCRIM) (2017)

2546. Carrying Concealed Firearm: Not Registered Owner and Weapon Loaded

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2546.Carrying Concealed Firearm: Not Registered Owner and
Weapon Loaded (Pen. Code, § 25400(c)(6))
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) [under Count[s] ], you must
then decide whether the People have proved the additional allegation
that the defendant was not the registered owner of the firearm and (the
firearm was loaded/the defendant possessed the firearm with
ammunition).
To prove this allegation, the People must prove that:
1. The defendant is not listed with the Department of Justice as the
registered owner of the firearm;
AND
<Alternative 2A—firearm loaded>
[2. The firearm was loaded.]
<Alternative 2B—ammunition nearby>
[2. The firearm and unexpended ammunition capable of being
discharged from that firearm were either in the defendant’s
immediate possession or readily accessible to (him/her).]
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)(6) and the defendant does not stipulate that the firearm was loaded or
possessed with ammunition and 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 concealed firearm, CALCRIM No. 2520, 2521 or 2522. The court must
provide the jury with a verdict form on which the jury will indicate if the
sentencing factor has been proved.
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0079
If the defendant does stipulate to this sentencing factor, 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). 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).
2547–2559. Reserved for Future Use
CALCRIM No. 2546 WEAPONS
416
0080