CALCRIM (Jury Instructions) Section 2590. New January 2006; Revised February 2012 BENCH NOTES Instructional Duty The court has a sua sponte duty to give this in
CALCRIM (Jury Instructions) § 2590
New January 2006; Revised February 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The court should give the bracketed definition of “firearm” unless the court has
already given the definition in other instructions. In such cases, the court may give
the bracketed sentence stating that the term is defined elsewhere.
AUTHORITY
•
Elements. Pen. Code, § 25800.
•
Firearm Defined. Pen. Code, § 16520.
•
Loaded Defined. Pen. Code, § 16840.
•
Knowledge of Presence of Weapon Required. See People v. Rubalcava (2000) 23
Cal.4th 322, 331–332 [96 Cal.Rptr.2d 735, 1 P.3d 52].
COMMENTARY
There are no published cases on this statute. Thus, it is unclear whether the firearm
must be operable or whether the defendant must know the firearm is “loaded.” It is
also unclear whether the statute requires that the defendant carry the firearm on his
or her person or whether it is sufficient if the defendant “has the firearm available.”
(See People v. Wandick (1991) 227 Cal.App.3d 918, 928 [278 Cal.Rptr. 274]
[discussing meaning of “armed” in Pen. Code, § 12022(a)].) The instruction has
been drafted to provide the court options on these issues. If these issues are present
in the case, the court must decide whether to give bracketed element 5 and which of
the bracketed paragraphs are appropriate.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 261.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.01[1][d] (Matthew Bender).
CALCRIM No. 2590
WEAPONS
472
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2590. New January 2006; Revised February 2012 BENCH NOTES Instructional Duty The court has a sua sponte duty to give this in. This means people must follow this rule, and breaking it can lead to criminal penalties.