CALCRIM No. 2590

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

firearm with intent to commit a felony [in violation of Penal Code

section 25800].

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

prove that:

1. The defendant carried a firearm;

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

3. When the defendant carried the firearm, (he/she) intended to

commit <insert felony alleged>;

[AND]

4. The firearm was loaded(;/.)

<See Commentary regarding element 5.>

[AND

5. The defendant knew that the firearm was loaded.]

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

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

explosion or other form of combustion.]

[The term firearm is defined in another instruction.]

As used here, a firearm is loaded if the firearm and ammunition capable

of being discharged from the firearm are in the immediate possession of

the same person.

<See Commentary regarding this paragraph.>

[A firearm does not need to be in working order if it was designed to

shoot and appears capable of shooting.]

<See Commentary regarding this paragraph.>

[A person carries a firearm when he or she has the firearm on his or her

person or has it available for use in either offense or defense.]

To decide whether the defendant intended to commit

<insert felony alleged>, please refer to the separate instructions that I

(will give/have given) you on that crime.

New January 2006; Revised February 2012