CALCRIM No. 2562

Committing Other Offense—Charged Only as Enhancement (Pen.

Code, § 30615)

If you find the defendant guilty of the crime of <insert other

offense alleged> [under Count], you must then decide whether the

People have proved the additional allegation that (he/she) committed that

offense while 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).

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;

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

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

AND

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

manufactured/distributed/transported/imported/kept for

sale/offered or exposed for sale/gave/lent) the weapon while

committing the crime of <insert other offense

alleged>.

[(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 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 this additional allegation true 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).]

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.

<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,

§ 12280(e)–(s)> ). 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 allegation.]

New January 2006; Revised August 2006, February 2012