CALCRIM No. 2520

§ 25400(a)(2))

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

concealed firearm on (his/her) person [in violation of Penal Code section

25400(a)(2)].

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

prove that:

1. The defendant carried on (his/her) person a firearm capable of

being concealed on the person;

2. The defendant knew that (he/she) was carrying a firearm;

AND

3. It was substantially concealed on the defendant’s person.

[A firearm capable of being concealed on the person 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 and that has a barrel less than 16 inches in length. [A

firearm capable of being concealed on the person also includes any device

that has a barrel 16 inches or more in length that is designed to be

interchanged with a barrel less than 16 inches in length.] [A firearm also

includes any rocket, rocket-propelled projectile launcher, or similar

device containing any explosive or incendiary material, whether or not

the device is designed for emergency or distress signaling purposes.]]

[The term firearm capable of being concealed on the person 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.]

[Firearms carried openly in belt holsters are not concealed.]

<Defense: Statutory Exemption>

[The defendant did not unlawfully carry a concealed firearm if

<insert defense from Pen. Code, § 25450, 25510, 25525,

25600, or 25605>. The People have the burden of proving beyond a

reasonable doubt that the defendant unlawfully carried a concealed

firearm. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

New January 2006; Revised February 2012, March 2021