Section 2513 | CALCRIM (Jury Instructions)

guilty unless all of you agree that the People have proved that the
defendant (owned/purchased/received/possessed) at least one of the
firearms, and you all agree on which firearm (he/she) (owned/purchased/
received/possessed).]
<Defense: Momentary Possession>
[If you conclude that the defendant possessed a firearm, that possession
was not unlawful if the defendant can prove the defense of momentary
possession. In order to establish this defense, the defendant must prove
that:
1. (He/She) possessed the firearm only for a momentary or
transitory period;
2. (He/She) possessed the firearm in order to (abandon[,]/ [or]
dispose of[,]/ [or] destroy) it;
AND
3. (He/She) did not intend to prevent law enforcement officials from
seizing the firearm.
The defendant has the burden of proving each element of this defense by
a preponderance of the evidence. This is a different standard of proof
than proof beyond a reasonable doubt. To meet the burden of proof by a
preponderance of the evidence, the defendant must prove that it is more
likely than not that each element of the defense is true. If the defendant
has not met this burden, (he/she) has not proved this defense.]
<Defense: Justifiable Possession>
[If you conclude that the defendant possessed a firearm, that possession
was not unlawful if the defendant can prove that (he/she) was justified in
possessing the firearm. In order to establish this defense, the defendant
must prove that:
1. (He/She) (found the firearm/took the firearm from a person who
was committing a crime against the defendant);
[AND]
2. (He/She) possessed the firearm no longer than was necessary to
deliver or transport the firearm to a law enforcement agency for
that agency to dispose of the weapon(;/.)
[AND
3. If the defendant was transporting the firearm to a law
enforcement agency, the defendant gave prior notice to the law
enforcement agency that (he/she) would be delivering a firearm to
the agency for disposal.]]
CALCRIM No. 2513
WEAPONS
386