CALCRIM No. 2511

Conviction—Stipulation to Conviction (Pen. Code, §§ 29800,

29805, 29820, 29900)

The defendant is charged [in Count] with unlawfully possessing a

firearm [in violation of <insert appropriate code section[s]>].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (owned/purchased/received/possessed) a firearm;

2. The defendant knew that (he/she) (owned/purchased/received/

possessed) the firearm;

[AND]

3. The defendant had previously been convicted of (a/two) (felony/

misdemeanor[s])(;/.)

[AND]

<Alternative 4A—give only if the defendant is charged under Pen. Code,

§ 29805.>

[4. The previous conviction was within 10 years of the date the

defendant possessed the firearm.]

<Alternative 4B—give only if the defendant is charged under Pen. Code,

§ 29820.>

[4. The defendant was under 30 years old at the time (he/she)

possessed the firearm.]

[A firearm is any device designed to be used as a weapon, from which a

projectile is expelled or discharged through a barrel by the force of an

explosion or other form of combustion. [The frame or receiver of such a

firearm is also a firearm for the purpose of this instruction.]]

<Do not use the language below unless the other instruction defines firearm

in the context of a crime charged pursuant to Pen. Code, § 29800.>

[The term firearm is defined in another instruction.]

[A firearm does not need to be in working order if it was designed to

shoot and appears capable of shooting.]

[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 defendant and the People have stipulated, or agreed, that the

defendant was previously convicted of (a/two) (felony/misdemeanor[s]).

This stipulation means that you must accept this fact as proved.

[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.]

[The People allege that the defendant (owned/purchased/received/

possessed) the following firearms: <insert description of each

firearm when multiple firearms alleged>. Y ou may not find the defendant

guilty unless all of you agree that the People have proved that the

defendant (owned/purchased/received/possessed) at least one of the

firearms, and you all agree on which firearm (he/she) (owned/purchased/

received/possessed).]

<Defense: Momentary Possession>

[If you conclude that the defendant possessed a firearm, that possession

was not unlawful if the defendant can prove the defense of momentary

possession. In order to establish this defense, the defendant must prove

that:

1. (He/She) possessed the firearm only for a momentary or

transitory period;

2. (He/She) possessed the firearm in order to (abandon[,]/ [or]

dispose of[,]/ [or] destroy) it;

AND

3. (He/She) did not intend to prevent law enforcement officials from

seizing the firearm .

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. If the defendant

has not met this burden, (he/she) has not proved this defense.]

<Defense: Justifiable Possession>

[If you conclude that the defendant possessed a firearm, that possession

was not unlawful if the defendant can prove that (he/she) was justified in

possessing the firearm. In order to establish this defense, the defendant

must prove that:

1. (He/She) (found the firearm/took the firearm from a person who

was committing a crime against the defendant);

WEAPONS CALCRIM No. 2511

[AND]

2. (He/She) possessed the firearm no longer than was necessary to

deliver or transport the firearm to a law enforcement agency for

that agency to dispose of the weapon(;/.)

[AND

3. If the defendant was transporting the firearm to a law

enforcement agency, (he/she) gave prior notice to the law

enforcement agency that (he/she) would be delivering a firearm to

the agency for disposal.]]

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 April 2010, February 2012, August 2013, February

2026*

* Denotes changes only to bench notes and other commentaries.