Section 2520 | CALCRIM (Jury Instructions)

AUTHORITY
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Elements. Pen. Code, § 25400(a)(2).
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Firearm Defined. Pen. Code, § 16520.
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Knowledge Required. People v. Jurado (1972) 25 Cal.App.3d 1027, 1030–1031
[102 Cal.Rptr. 498]; People v. Rubalcava (2000) 23 Cal.4th 322, 331–332 [96
Cal.Rptr.2d 735, 1 P.3d 52].
•
Concealment Required. People v. Nelson (1960) 185 Cal.App.2d 578, 580–581
[8 Cal.Rptr. 288].
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Factors in Pen. Code, § 25400(c) Sentencing Factors, Not Elements. People v.
Hall (1998) 67 Cal.App.4th 128, 135 [79 Cal.Rptr.2d 690].
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Justifications and Exemptions. Pen. Code, §§ 25600, 25605, 25525, 25510,

•
Need Not Be Operable. People v. Marroquin (1989) 210 Cal.App.3d 77, 82 [258
Cal.Rptr. 290].
•
Substantial Concealment. People v. Wharton (1992) 5 Cal.App.4th 72, 75 [6
Cal.Rptr.2d 673] [interpreting now-repealed Pen. Code, § 12020(a)(4)]; People v.
Fuentes (1976) 64 Cal.App.3d 953, 955 [134 Cal.Rptr. 885] [same].
•
Statute Is Not Unconstitutionally Vague. People v. Hodges (1999) 70
Cal.App.4th 1348, 1355 [83 Cal.Rptr.2d 619].
LESSER INCLUDED OFFENSES
If the defendant is charged with one of the sentencing factors that makes this
offense a felony, then the misdemeanor offense is a lesser included offense. The
statute defines as a misdemeanor all violations of the statute not covered by the
specified sentencing factors. (Pen. Code, § 25400(c)(7).) The court must provide the
jury with a verdict form on which the jury will indicate if the sentencing factor has
been proved. If the jury finds that the sentencing factor has not been proved, then
the offense should be set at a misdemeanor.
RELATED ISSUES
Multiple Convictions Prohibited
A single act of carrying a concealed firearm cannot result in multiple convictions
under different subdivisions of Penal Code section 25400(a). (People v. Duffy (2020)
51 Cal.App.5th 257, 266 [265 Cal.Rptr.3d 59].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 203, 204–209.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.01[1][d] (Matthew Bender).
WEAPONS
CALCRIM No. 2520
395

Give this instruction if the defendant is charged under Penal Code section
25400(c)(1), (5), 25850(c)(1), (5), unless the court has granted a bifurcated trial on
the prior conviction or the defendant stipulates to the prior conviction. (People v.
Hall, supra, 67 Cal.App.4th at p. 135.) This instruction must be given with the
appropriate instruction defining the elements of carrying a concealed firearm,
CALCRIM No. 2520, 2521, or 2522, or carrying a loaded firearm, CALCRIM No.
2530. The court must provide the jury with a verdict form on which the jury will
indicate if the sentencing factor has been proved.
If the court grants bifurcation, do not give this instruction. Give CALCRIM No.
3101, Prior Conviction: Bifurcated Trial.
If the defendant does stipulate to the prior conviction, this instruction should not be
given and the prior conviction should not be disclosed