Section 2500 | CALCRIM (Jury Instructions)

to be manufactured/imported/kept for sale/offered or exposed for sale/
gave/lent/bought/received) the object as a weapon, consider all the
surrounding circumstances relating to that question, including when and
where the object was (possessed/manufactured/caused to be
manufactured/imported/kept for sale/offered or exposed for sale/gave/
lent/bought/received)[,] [and] [where the defendant was going][,] [and]
[whether the object was changed from its standard form][,] and any
other evidence that indicates whether the object would be used for a
dangerous, rather than a harmless, purpose.]
<Give only if alternative 3B is given.>
[(A/An)
<insert type of weapon> means
<insert
appropriate definition>.]
<Give only if the weapon used has specific characteristics of which the
defendant must have been aware.>
[A
<insert type of weapon specified in element 3B> is
<insert defining characteristics of weapon>.
[The People do not have to prove that the object was (concealable[,]/ [or]
carried by the defendant on (his/her) person[,]/ [or] (displayed/visible)).]]
[(A/An)
<insert prohibited firearm> does not need to be in
working order if it was designed to shoot and appears capable of
shooting.]
[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to control
it), either personally or through another person.]
[The People allege that the defendant (possessed/manufactured/caused to
be manufactured/imported/kept for sale/offered or exposed for sale/gave/
lent/bought/received) the following weapons:
<insert
description of each weapon when multiple items alleged>. You may not find
the defendant guilty unless all of you agree that the People have proved
that the defendant (possessed/manufactured/caused to be manufactured/
imported/kept for sale/offered or exposed for sale/gave/lent/bought/
received) at least one of these weapons and you all agree on which
weapon (he/she) (possessed/manufactured/ caused to be manufactured/
imported/kept for sale/offered or exposed for sale/gave/lent/bought/
received).]
<Defense: Statutory Exemptions>
[The defendant did not unlawfully (possess/manufacture/cause to be
manufactured/import/keep for sale/offer or expose for sale/give/lend/buy/
receive) (a/an)
<insert type of weapon> if
CALCRIM No. 2500
WEAPONS
354

<insert exception>. The People have the burden of proving beyond a
reasonable doubt that the defendant unlawfully (possessed/
manufactured/caused to be manufactured/imported/kept for sale/offered
or exposed for sale/gave/lent/bought/received) (a/an)
<insert
type of weapon>. If the People have not met this burden, you must find
the defendant not guilty of this crime.]
New January 2006; Revised August 2006, April 2008, February 2012, February
2015, March 2017, March 2019, September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of t