Section 2745 | CALCRIM (Jury Instructions)

[An explosive is any substance, or combination of substances, (1) whose
main or common purpose is to detonate or rapidly combust and (2)
which is capable of a relatively instantaneous or rapid release of gas and
heat.]
[An explosive is also any substance whose main purpose is to be
combined with other substances to create a new substance that can
release gas and heat rapidly or relatively instantaneously.]
[
<insert type of explosive from Health & Saf. Code, § 12000>
(is/are) [an] explosive[s].]
[Fixed ammunition is a projectile and powder enclosed together in a case
ready for loading.]
[A dirk or dagger is a knife or other instrument, with or without a
handguard, that is capable of ready use as a stabbing weapon that may
inflict great bodily injury or death.] [Great bodily injury means significant
or substantial physical injury. It is an injury that is greater than minor
or moderate harm.]
[A firearm is any device designed to be used as a weapon, from which a
projectile is discharged or expelled through a barrel by the force of an
explosion or other form of combustion.] [A firearm need not be in
working order if it was designed to shoot and appears capable of
shooting.]
[Tear gas is a liquid, gaseous, or solid substance intended to produce
temporary physical discomfort or permanent injury when vaporized or
otherwise dispersed in the air.]
[A tear gas weapon is a shell, cartridge, or bomb capable of being
discharged or exploded to release or emit tear gas.] [A tear gas weapon
[also] means a revolver, pistol, fountain pen gun, billy, or other device,
portable or fixed, intended specifically to project or release tear gas.] [A
tear gas weapon does not include a device regularly manufactured and
sold for use with firearm ammunition.]
[[(A/An)]
<insert type of weapon from Pen. Code, § 4502, not
covered in above definitions> (is/means/includes)
<insert
appropriate definition, see Bench Notes>.]
The People do not have to prove that the defendant used or intended to
use the object as a weapon.
[You may consider evidence that the object could be used in a harmless
way in deciding if the object is (a/an)
<insert type of weapon
from Pen. Code, § 4502>, as defined here.]
[The People do not have to prove that the object was (concealable[,]/ [or]
carried by the defendant on (his/her) person[,]/ [or] (displayed/visible)).]
CALCRIM No. 2745
CRIMES AGAINST GOVERNMENT
626

[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[,]/ [or] carried on (his/
her) person[,]/ [or] had under (his/her) custody or control[,]/ [or]
manufactured[,]/ [or] attempted to manufacture) 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