The court has a sua sponte duty to give this instruction deﬁning the elements of
Give element 4 only if the prosecution alleges that the defendant was prohibited
from possessing ﬁrearms under Penal Code section 29805, possession within 10
years of a speciﬁed misdemeanor conviction, or Penal Code section 29820,
possession by someone under 30 years old with a speciﬁed juvenile ﬁnding.
If the defendant has not stipulated to the conviction, do not give the bracketed
paragraph that begins, “The defendant and the People have stipulated,” and insert
the full name of the offense in element 3B.
If the defendant does stipulate to the conviction, the court must give the bracketed
paragraph that begins, “The defendant and the People have stipulated,” and in
element 3B select the word “felony” or “misdemeanor.” The court must sanitize all
references to the conviction to prevent disclosure of the nature of the conviction to
the jury. (People v. Sapp (2003) 31 Cal.4th 240, 261 [2 Cal.Rptr.3d 554, 73 P.3d
433]; People v. Valentine (1986) 42 Cal.3d 170, 173 [228 Cal.Rptr. 25, 720 P.2d
913].) If the defendant agrees, the court must not read the portion of the
information describing the nature of the conviction. Likewise, the court must ensure
that the verdict forms do not reveal the nature of the conviction.
On request, the court should give the limiting instruction regarding the evidence of
the conviction. (People v. Valentine, supra, 42 Cal.3d at p. 182, fn. 7.) There is no
sua sponte duty to give the limiting instruction, and the defense may prefer that no
limiting instruction be given. (People v. Griggs (2003) 110 Cal.App.4th 1137, 1139
[2 Cal.Rptr.3d 380].) If the defendant does not stipulate to the conviction, give
alternative A. If the defendant does stipulate, give alternative B.
Penal Code section 30305(c) states that a violation of the statute is “justiﬁable” if
the listed conditions are met. This is an affirmative defense, and the defense bears
the burden of establishing the defense by a preponderance of the evidence. (Ibid.)
If sufficient evidence has been presented, the court has a sua sponte duty to give
the bracketed paragraph on the defense of justiﬁable possession. This defense only
applies to persons “prohibited from possessing any ammunition or reloaded
ammunition solely because that person is prohibited from owning or possessing a
ﬁrearm only by virtue of [now-repealed] Section 12021.” (Pen. Code, § 30305(b).)
• Elements. Pen. Code, § 30305(a).
•Ammunition Deﬁned. Pen. Code, § 16150.
• Knowledge. See People v. Rubalcava (2000) 23 Cal.4th 322, 331–332 [96
Cal.Rptr.2d 735, 1 P.3d 52].
• Justiﬁable Possession. Pen. Code, § 30305(b).
WEAPONS CALCRIM No. 2591