CA · jury_instructions
CALCRIM No. 2543
Carrying Firearm: Not in Lawful Possession (Pen. Code,
§§ 25400(c)(4), 25850(c)(4))
The People have also alleged that the defendant did not lawfully possess
the firearm at issue in this case. If you find the defendant guilty of
unlawfully (carrying a concealed firearm (on (his/her) person/within a
vehicle)[,]/ causing a firearm to be carried concealed within a vehicle[,]/
[or] carrying a loaded firearm) [under Count[s]], you must then
decide whether the People have proved this additional allegation.
To prove this allegation, the People must prove that the defendant did
not lawfully possess the firearm.
A person lawfully possesses a firearm if he or she either lawfully owns the
firearm or has the permission of (the lawful owner/ [or] a person who
otherwise has apparent authority over the firearm). A person does not
have lawful possession of a firearm if he or she takes it without the
permission of the lawful owner or custodian of the firearm.
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
this allegation has not been proved.
New January 2006; Revised February 2012
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
883e9500af500cf3d52d926fcc7d922964681090b661b37060034a0bcedb1c4a
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