Section 2591 | CALCRIM (Jury Instructions)

[The defendant and the People have stipulated, or agreed, that the
defendant was previously convicted of a (a felony/a misdemeanor/two
offenses of brandishing a firearm/the crime of
<insert
misdemeanor offense from Pen. Code, § 29805 or 23515, or a juvenile
finding from Pen. Code, § 29820>). This stipulation means that you must
accept this fact as proved.]
<Alternative A—limiting instruction when stipulation as to conviction>
[Do not consider this fact for any other purpose [except for the limited
purpose of
<insert other permitted purpose, e.g., determining
the defendant’s credibility>]. Do not speculate about or discuss the nature
of the conviction.]
<Alternative B—limiting instruction when no stipulation as to conviction>
[You may consider evidence, if any, that the defendant was previously
convicted of a crime only in deciding whether the People have proved
this element of the charged crime [or for the limited purpose of
<insert other permitted purpose, e.g., assessing defendant’s
credibility>]. Do not consider such evidence for any other purpose.]
<Defense: Justifiable Possession>
[If you conclude that the defendant possessed ammunition, that
possession was not unlawful if the defendant can prove that (he/she) was
justified in possessing the ammunition. In order to establish this defense,
the defendant must prove that:
1. (He/She) (found the ammunition/took the ammunition from a
person who was committing a crime against the defendant);
AND
2. (He/She) possessed the ammunition no longer than was necessary
to deliver or transport the ammunition to a law enforcement
agency for that agency to dispose of the ammunition.
The defendant has the burden of proving each element of this defense by
a preponderance of the evidence. This is a different standard of proof
than proof beyond a reasonable doubt. To meet the burden of proof by a
preponderance of the evidence, the defendant must prove that it is more
likely than not that each element of the defense is true.]
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.
CALCRIM No. 2591
WEAPONS
474

Give element 4 only if the prosecution alleges that the defendant was prohibited
from possessing firearms under Penal Code section 29805, possession within 10
years of a specified misdemeanor conviction, or Penal Code section 29820,
possession by someone under 30 years old with a specified juvenile finding.
If the defendant has not stipulated to the conviction, do not give the bracketed
paragraph that begins, “The defendant and the People have stipulated,” and insert
the full name of the offense in element 3B.
If the defendant does stipulate to the conviction, the court must give the bracketed
paragraph that begins, “The defendant and the People have stipulated,” and in
element 3B select the word “felony” or “misdemeanor.” The court must sanitize all
references to the conviction to prevent disclosure of the nat