Section 2521 | CALCRIM (Jury Instructions)

[102 Cal.Rptr. 498]; People v. Rubalcava (2000) 23 Cal.4th 322, 331–332 [96
Cal.Rptr.2d 735, 1 P.3d 52].
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Concealment Required. People v. Nelson (1960) 185 Cal.App.2d 578, 580–581
[8 Cal.Rptr. 288].
•
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].
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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Cal.Rptr.2d 673] [interpreting now-repealed Pen.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
Gun in Unlocked Carrying Case Is Concealed
“If a firearm is transported in a vehicle in such a manner as to be invisible unless its
carrying case is opened, it is concealed in the ordinary and usual meaning of the
term.” (People v. Hodges (1999) 70 Cal.App.4th 1348, 1355 [83 Cal.Rptr.2d 619].)
Thus, carrying a firearm in an unlocked case in a vehicle violates Penal Code
section 25400(a)(1). (Ibid.) However, Penal Code section 25525 makes it lawful to
transport a firearm in a vehicle if it is in a locked case.
Not Necessary for Defendant to Possess or Control the Firearm
“The statute does not require that the defendant have the exclusive possession and
control of the firearm.” (People v. Davis (1958) 157 Cal.App.2d 33, 36 [320 P.2d
88].) The court in People v. Davis, supra, upheld the conviction where the defendant
owned and controlled the vehicle and knew of the presence of the firearm below the
seat, even though the weapon was placed there by someone else and belonged to
someone else. (Ibid.)
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)
CALCRIM No. 2521
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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, §§ 203–209.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.01[1][d] (Matthew Bender).
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convict