Fannin (2001) 91 Cal.App.4th 1399, 1402 [111 Cal.Rptr.2d 496] [deﬁnition of
“slungshot”]; People v. Mulherin (1934) 140 Cal.App. 212, 215 [35 P.2d 174]
[deﬁnition of this class of weapons].)
If the prosecution alleges under a single count that the defendant possessed
multiple weapons, the court has a sua sponte duty to instruct on unanimity. (See
People v. Wolfe (2003) 114 Cal.App.4th 177, 184–185 [7 Cal.Rptr.3d 483]; People
v. Rowland (1999) 75 Cal.App.4th 61, 65 [88 Cal.Rptr.2d 900].) Give the bracketed
paragraph that begins with “The People allege that the defendant possessed,”
inserting the items alleged.
If there is sufficient evidence of a harmless use for the object possessed, give the
bracketed sentence that begins with “You may consider evidence that the object
could be used in a harmless way . . . .” (People v. Savedra (1993) 15 Cal.App.4th
738, 743–744 [19 Cal.Rptr.2d 115].)
If the prosecution alleges that the defendant attempted to manufacture a weapon,
give CALCRIM No. 460, Attempt Other Than Attempted Murder.
It is unclear if the defense of momentary possession for disposal applies to a
charge of weapons possession in a penal institution. In People v. Brown (2000) 82
Cal.App.4th 736, 740 [98 Cal.Rptr.2d 519], the court held that the defense was not
available on the facts of the case before it but declined to consider whether “there
can ever be a circumstance justifying temporary possession in a penal institution.”
(Ibid. [emphasis in original].) The California Supreme Court has reaffirmed that the
momentary possession defense is available to a charge of illegal possession of a
weapon. (People v. Martin (2001) 25 Cal.4th 1180, 1191–1192 [108 Cal.Rptr.2d
599, 25 P.3d 1081].) However, the Supreme Court has yet to determine whether the
defense is available in a penal institution. If the trial court determines that an
instruction on momentary possession is warranted on the facts of the case before it,
give a modiﬁed version of the instruction on momentary possession contained in
CALCRIM No. 2510, Possession of Firearm by Person Prohibited Due to
Conviction—No Stipulation to Conviction.
If there is sufficient evidence of imminent death or bodily injury, the defendant
may be entitled to an instruction on the defense of duress or threats. (People v. Otis
(1959) 174 Cal.App.2d 119, 125–126 [344 P.2d 342].) Give CALCRIM No. 3402,
Duress or Threats, modiﬁed as necessary.
• Elements. Pen. Code, § 4502.
•Metal Knuckles Deﬁned. Pen. Code, § 21810.
• Explosive Deﬁned. Health & Saf. Code, § 12000.
• Fixed Ammunition. The Department of Defense Dictionary of Military Terms,
http://www.dtic.mil/doctrine/dod_dictionary/ (accessed January 11, 2012).
• Dirk or Dagger Deﬁned. Pen. Code, § 16470.
• Firearm Deﬁned. Pen. Code, § 16520.
CRIMES AGAINST GOVERNMENT CALCRIM No. 2745