CALCRIM No. 2560

Code, §§ 30605, 30600)

The defendant is charged [in Count] with unlawfully (possessing/

manufacturing/causing to be manufactured/distributing/transporting/

importing/keeping for sale/offering or exposing for sale/giving/lending)

(an assault weapon, specifically [a/an] <insert type of

weapon from Pen. Code, § 30510 or description from § 30515>/a .50 BMG

rifle) [in violation of Penal Code section <insert relevant

Penal Code section>].

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

prove that:

1. The defendant (possessed/manufactured/caused to be

manufactured/distributed/transported/imported/kept for

sale/offered or exposed for sale/gave/lent) (an assault weapon,

specifically [a/an] <insert type of weapon from Pen.

Code, § 30510 or description from § 30515>/a .50 BMG rifle);

2. The defendant knew that (he/she) (possessed/manufactured/caused

to be manufactured/distributed/transported/imported/kept for

sale/offered or exposed for sale/gave/lent) it;

AND

3. The defendant knew or reasonably should have known that it had

characteristics that made it (an assault weapon/a .50 BMG rifle).

[(A/An) <insert type of weapon from Pen. Code, § 30510 or

description from § 30515> is an assault weapon.]

[A .50 BMG rifle is a center fire rifle that can fire a .50 BMG cartridge

[and that is not an assault weapon or a machine gun]. A .50 BMG

cartridge is a cartridge that is designed and intended to be fired from a

center fire rifle and that has all three of the following characteristics:

1. The overall length is 5.54 inches from the base of the cartridge to

the tip of the bullet;

2. The bullet diameter for the cartridge is from .510 to, and

including, .511 inch;

AND

3. The case base diameter for the cartridge is from .800 inch to, and

including, .804 inch.]

[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/manufactured/caused to

be manufactured/distributed/transported/imported/kept for sale/offered

or exposed for sale/gave/lent) the following weapons:

<insert description of each weapon when multiple items alleged>. Y ou may

not find the defendant guilty unless all of you agree that the People have

proved that the defendant (possessed/manufactured/caused to be

manufactured/distributed/transported/imported/kept for sale/offered or

exposed for sale/gave/lent) at least one of these weapons, and you all

agree on which weapon (he/she) (possessed/manufactured/caused to be

manufactured/distributed/transported/imported/kept for sale/offered or

exposed for sale/gave/lent).]

<Defense: Permit, Registration, or Exemption From Statute>

[The defendant did not unlawfully (possess/manufacture/cause to be

manufactured/distribute/transport/import/keep for sale/offer or expose

for sale/give/lend) (an assault weapon/a .50 BMG rifle) if (he/she) (had

registered the weapon/had a valid permit to (possess/manufacture/sell)

the weapon/ <insert exemption from Pen. Code, §§ 30625,

30630(a)–(c), 30635, 30640, 30645, 30655(a), (b), 30660(a)–(c), 30665,

30670(a), (b), 30675(a)–(c)> ). The People have the burden of proving

beyond a reasonable doubt that the defendant did not (register the

weapon/have a valid permit to (possess/manufacture/sell) the weapon/

<insert exemption from Pen. Code, §§ 30625, 30630(a)–(c),

30635, 30640, 30645, 30655(a), (b), 30660(a)–(c), 30665, 30670(a), (b),

30675(a)–(c)> ). If the People have not met this burden, you must find the

defendant not guilty of this crime.]

New January 2006; Revised August 2006, February 2012