(2003) 114 Cal.App.4th 177, 184–185 [7 Cal.Rptr.3d 483].) Give the bracketed
paragraph that begins, “The People allege that the defendant possessed the
following weapons,” inserting the items alleged. But see Pen. Code, § 30600(c),
which states that except in case of a ﬁrst violation involving not more than two
ﬁrearms, if more than one assault weapon or .50 BMG riﬂe is involved in any
violation of this section, there shall be a distinct and separate offense for each.
The jury must decide if the weapon possessed was an assault weapon or a .50
BMG riﬂe. (See People v. Flood (1998) 18 Cal.4th 470, 482 [76 Cal.Rptr.2d 180,
957 P.2d 869].) When instructing on the deﬁnition of assault weapon or .50 BMG
riﬂe, the court should not state that the weapon possessed by the defendant was an
assault weapon or was a .50 BMG riﬂe. In the case of an assault weapon, where
indicated in the instruction, the court may insert a weapon listed in Penal Code
section 30510 or a description of a weapon from section 30515. In the case of a
.50 BMG riﬂe, give the bracketed deﬁnition of that term.
If the defendant is charged with both a separate count and an enhancement for
violating Penal Code section 30615 while committing another crime, give this
instruction and CALCRIM No. 2561, Possession, etc., of Assault or .50 BMG Riﬂe
Weapon While Committing Other Offense: Pen. Code, § 30615—Enhancement of
Punishment for Another Crime (Pen. Code, § 30615; People v. Jimenez (1992) 8
Cal.App.4th 391, 398 [10 Cal.Rptr.2d 281].) If the defendant is only charged with
an enhancement under Penal Code section 30615 and not with a separate count for
violating Penal Code section(s) 30605 or 30610, give only CALCRIM No. 2562,
Possession, etc., of Assault Weapon or .50 BMG Riﬂe While Committing Other
Offense: Pen. Code, § 30615—Charged Only as Enhancement.
Registration and permitting procedures are contained in Penal Code sections 30900
to 31005. Exemptions to the statute are stated in Penal Code section 30625 et seq.
The existence of a statutory exemption is an affirmative defense. (People v.
Jimenez, supra, 8 Cal.App.4th at pp. 395–397.) If the defense presents sufficient
evidence to raise a reasonable doubt about the existence of a legal basis for his or
her actions, the court has a sua sponte duty to give the bracketed instruction on the
defense. (See People v. Mower (2002) 28 Cal.4th 457, 478–481 [122 Cal.Rptr.2d
326, 49 P.3d 1067] [discussing affirmative defenses generally and the burden of
proof].) Insert the appropriate language in the bracketed paragraph that begins,
“The defendant did not unlawfully . . . .”
• Elements. Pen. Code, § 30605, 30600.
•Assault Weapon Deﬁned. §§ 30510, 30515; see also Harrott v. County of
Kings (2001) 25 Cal.4th 1138, 1142–1145 [108 Cal.Rptr.2d 445, 25 P.3d 649]
[discussing statutory deﬁnition of assault weapon, amendments to statute and
petition procedure by which the Attorney General may have weapon listed].
• .50 BMG Riﬂe Deﬁned. Pen. Code, § 30530.
WEAPONS CALCRIM No. 2560