CALCRIM No. 2513

Drug (Pen. Code, § 29800)

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

firearm [in violation of Penal Code section 29800].

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. At the time the defendant (owned/purchased/received/possessed)

the firearm, (he/she) was addicted to the use of a narcotic drug.

<insert narcotic drug alleged> is a narcotic drug.

A person is addicted to the use of a narcotic drug if:

1. The person has become emotionally dependent on the drug in the

sense that he or she experiences a compulsive need to continue its

use;

2. The person has developed a tolerance to the drug’s effects and

therefore requires larger and more potent doses;

AND

3. The person has become physically dependent, suffering

withdrawal symptoms if he or she is deprived of the drug.

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

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

other form of combustion.]

[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 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);

[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, the defendant gave prior notice to the law

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

the agency for disposal.]]

CALCRIM No. 2513 WEAPONS

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, February 2026*

* Denotes changes only to bench notes and other commentaries.