984.Brandishing Firearm: Misdemeanor—Public Place (Pen.
Code, § 417(a)(2)(A))
If you ﬁnd the defendant guilty of brandishing a ﬁrearm, you must then
decide whether the People have proved the additional allegation that the
defendant brandished a ﬁrearm that was capable of being concealed on
the person while in a public place [in violation of Penal Code section
To prove this allegation, the People must prove that:
1. The defendant drew or exhibited a ﬁrearm that was capable of
being concealed on the person;
2. When the defendant did so, (he/she) was (in a public place in an
incorporated city/ [or] on a public street).
A ﬁrearm capable of being concealed on the person is a ﬁrearm that has
a barrel less than 16 inches in length. [A ﬁrearm capable of being
concealed on the person also includes any device that has a barrel 16
inches or more in length that is designed to be interchanged with a
barrel less than 16 inches in length.]
[As used here, a public place is a place that is open and accessible to
anyone who wishes to go there.]
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must ﬁnd
that this allegation has not been proved.
New January 2006; Revised February 2012
If the defendant is charged under Penal Code section 417(a)(2)(A), the court has a
sua sponte duty to instruct on this sentencing factor.
This instruction must be given with CALCRIM No. 983, Brandishing Firearm or
Deadly Weapon: Misdemeanor.
The court must provide the jury with a verdict form on which the jury will indicate
if the prosecution has or has not been proved this allegation.
Penal Code section 417(a)(2)(A) applies to a ﬁrearm that “is a pistol, revolver, or
other ﬁrearm capable of being concealed upon the person.” Penal Code section
12001(a)(1) provides a single deﬁnition for this class of weapons. Thus, the
committee has chosen to use solely the all-inclusive phrase “ﬁrearm capable of
being concealed on the person.”