Section 2522 | CALCRIM (Jury Instructions)

AUTHORITY
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Elements. Pen. Code, § 25400(a)(3).
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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].
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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Cal.Rptr.2d 673] [interpreting now-repealed Pen.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
Defendant Need Not Bring Firearm Into Car
“Appellant caused the gun to be carried concealed in a vehicle in which he was an
occupant, by concealing the gun between the seats. His conduct fits the language
and purpose of the statute. The prosecution was not required to prove that appellant
initially brought the gun into the car.” (People v. Padilla (2002) 98 Cal.App.4th 127,
134 [119 Cal.Rptr.2d 457].)
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].)
CALCRIM No. 2522
WEAPONS
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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).
2523–2529.
Reserved for Future Use
WEAPONS
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