Section 2560 | CALCRIM (Jury Instructions)

[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to control
it), either personally or through another person.]
[The People allege that the defendant (possessed/manufactured/caused to
be manufactured/distributed/transported/imported/kept for sale/offered
or exposed for sale/gave/lent) the following weapons:
<insert description of each weapon when multiple items alleged>. You may
not find the defendant guilty unless all of you agree that the People have
proved that the defendant (possessed/manufactured/caused to be
manufactured/distributed/transported/imported/kept for sale/offered or
exposed for sale/gave/lent) at least one of these weapons, and you all
agree on which weapon (he/she) (possessed/manufactured/caused to be
manufactured/distributed/transported/imported/kept for sale/offered or
exposed for sale/gave/lent).]
<Defense: Permit, Registration, or Exemption From Statute>
[The defendant did not unlawfully (possess/manufacture/cause to be
manufactured/distribute/transport/import/keep for sale/offer or expose
for sale/give/lend) (an assault weapon/a .50 BMG rifle) if (he/she) (had
registered the weapon/had a valid permit to (possess/manufacture/sell)
the weapon/
<insert exemption from Pen. Code, §§ 30625,
30630(a)–(c), 30635, 30640, 30645, 30655(a), (b), 30660(a)–(c), 30665,
30670(a), (b), 30675(a)–(c)>). The People have the burden of proving
beyond a reasonable doubt that the defendant did not (register the
weapon/have a valid permit to (possess/manufacture/sell) the weapon/
<insert exemption from Pen. Code, §§ 30625, 30630(a)–(c),
30635, 30640, 30645, 30655(a), (b), 30660(a)–(c), 30665, 30670(a), (b),
30675(a)–(c)>). If the People have not met this burden, you must find the
defendant not guilty of this crime.]
New January 2006; Revised August 2006, February 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the prosecution alleges under a single count that the defendant possessed multiple
weapons and the possession was “fragmented as to time . . . [or] space,” the court
has a sua sponte duty to instruct on unanimity. (See People v. Wolfe (2003) 114
Cal.App.4th 177, 184–185 [7 Cal.Rptr.3d 483].) Give the bracketed paragraph that
begins, “The People allege that the defendant possessed the following weapons,”
inserting the items alleged. But see Pen. Code, § 30600(c), which states that except
CALCRIM No. 2560
WEAPONS
428

•
Knowledge Required. In re Jorge M. (2000) 23 Cal.4th 866, 887 [98 Cal.Rptr.2d
466, 4 P.3d 297].
•
Permits, Registration, and Exemptions Are Affirmative Defenses. People v.
Jimenez (1992) 8 Cal.App.4th 391, 395–397 [10 Cal.Rptr.2d 281].
•
Constructive vs. Actual Possession. People v. Azevedo (1984) 161 Cal.App.3d
235, 242–243 [207 Cal.Rptr. 270], questioned on other grounds in In re Jorge M.
(2000) 23 C