Section 2530 | CALCRIM (Jury Instructions)

154 Cal.App.3d 261, 267 [201 Cal.Rptr. 136].
•
Knowledge Firearm Loaded Not Required. People v. Dillard (1984) 154
Cal.App.3d 261, 266 [201 Cal.Rptr. 136]; People v. Harrison (1969) 1
Cal.App.3d 115, 120 [81 Cal.Rptr. 396].
•
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].
•
Justifications and Exemptions. Pen. Code, § 25900, 26000 et seq.
•
Need Not Be Operable. People v. Taylor (1984) 151 Cal.App.3d 432, 437 [199
Cal.Rptr. 6].
•
“Loaded” Firearm. People v. Clark (1996) 45 Cal.App.4th 1147, 1153 [53
Cal.Rptr.2d 99].
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Must Be in Incorporated City or Prohibited Area of Unincorporated Territory.
People v. Knight (2004) 121 Cal.App.4th 1568, 1575 [18 Cal.Rptr.3d 384].
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Public Place Defined. In re Zorn (1963) 59 Cal.2d 650, 652 [30 Cal.Rptr. 811,
381 P.2d 635]; People v. Strider (2009) 177 Cal.App.4th 1393, 1401 [100
Cal.Rptr. 3d 66].
•
Loaded Firearm in Backpack is “On the Person.” People v. Wade (2016) 63
Cal.4th 137, 140 [201 Cal.Rptr.3d 876].
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, § 25850(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
Loaded Firearm
“Under the commonly understood meaning of the term ‘loaded,’ a firearm is
‘loaded’ when a shell or cartridge has been placed into a position from which it can
be fired; the shotgun is not ‘loaded’ if the shell or cartridge is stored elsewhere and
not yet placed in a firing position.” (People v. Clark (1996) 45 Cal.App.4th 1147,
1153 [53 Cal.Rptr.2d 99].)
Location—Court May Take Judicial Notice
“The location of local streets within city boundaries is properly a matter of judicial
notice [citation omitted], as is the fact that a particular jurisdiction is an
incorporated city.” (People v. Vega (1971) 18 Cal.App.3d 954, 958 [96 Cal.Rptr.
391] [footnote and citation omitted].)
CALCRIM No. 2530
WEAPONS
406

SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 249–251.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.01[1][d], [f] (Matthew Bender).
2531–2539.
Reserved for Future Use
WEAPONS
CALCRIM No. 2530
407

2545. Carrying Loaded Firearm: Not Registered Owner (Pen.
Code, § 25850(c)(6))
If you find the defendant guilty of unlawfully carrying a loaded firearm
[under Count
], you must then decide whether the People have
proved the additional allegation that the defendant was not the
registered owner of the firearm.
To prove this all