Section 2562 | CALCRIM (Jury Instructions)

AND
3. The case base diameter for the cartridge is from .800 inch to, and
including, .804 inch.]
[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 this additional allegation true 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).]
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
this allegation has not been proved.
<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,
§ 12280(e)–(s)>). 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 allegation.]
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
enhancement. (See Apprendi v. New Jersey (2000) 530 U.S. 466, 475–476, 490 [120
CALCRIM No. 2562
WEAPONS
434

proof].) Insert the appropriate language in the bracketed paragraph beginning, “The
defendant did not unlawfully . . . .”
AUTHORITY
•
Enhancement. Pen. Code, § 30615; People v. Jimenez (1992) 8 Cal.App.4th 391,
398 [10 Cal.Rptr.2d 281].
•
Assault Weapon Defined. Pen. Code, §§ 30510, 30515; see also Harrott v.
County of Kings (2001) 25 Cal.4th 1138, 1142–1145 [108 Cal.Rptr.2d 445, 25
P.3d 649] [discussing statutory definition of assault weapon, amendments to
statute and petition procedure by which the Attorney General may have weapon
listed].
•
.50 BMG Rifle Defined. Pen. Code, § 30530.
•
Permits and Registration. Pen. Code, §§ 30900–3