CALCRIM No. 2591

Possessing Firearm Due to Conviction or Mental Illness (Pen.

Code, § 30305(a))

The defendant is charged [in Count] with unlawfully possessing

ammunition [in violation of Penal Code section 30305(a)].

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

prove that:

1. The defendant (owned/possessed/had under (his/her) custody or

control) ammunition;

2. The defendant knew (he/she) (owned/possessed/had under (his/

her) custody or control) the ammunition;

[AND]

<Alternative 3A—prohibited due to mental illness or SVP status>

[3. The defendant <insert description from Welf. & Inst.

Code, § 8100 or 8103>.]

<Alternative 3B—prohibited due to conviction. Give both element 3B and

element 4 in cases involving misdemeanor convictions or juvenile

findings. For all other cases involving prior convictions, give 3B only.>

[3. The defendant had previously been convicted of (a felony/a

misdemeanor/two offenses of brandishing a firearm/the crime of

<insert misdemeanor offense from Pen. Code, § 29805

or 23515, or a juvenile finding from Pen. Code, § 29820>)(;/.)]

[AND

4. (The previous conviction was within 10 years of the date the

defendant possessed the ammunition./The defendant was less than

30 years old at the time (he/she) possessed the ammunition.)]

Ammunition means a bullet, cartridge, magazine, clip, speed loader,

autoloader, or projectile capable of being fired from a firearm with a

deadly consequence. Ammunition includes reloaded ammunition.

[A juvenile court finding is the same as a conviction.]

[A conviction of <insert name of offense from other state or

federal offense> is the same as a conviction for a felony.]

[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 defendant and the People have stipulated, or agreed, that the

defendant was previously convicted of a (a felony/a misdemeanor/two

offenses of brandishing a firearm/the crime of <insert

misdemeanor offense from Pen. Code, § 29805 or 23515, or a juvenile

finding from Pen. Code, § 29820>). This stipulation means that you must

accept this fact as proved.]

<Alternative A—limiting instruction when stipulation as to conviction>

[Do not consider this fact for any other purpose [except for the limited

purpose of <insert other permitted purpose, e.g., determining

the defendant’s credibility>]. Do not speculate about or discuss the nature

of the conviction.]

<Alternative B—limiting instruction when no stipulation as to conviction>

[Y ou may consider evidence, if any, that the defendant was previously

convicted of a crime only in deciding whether the People have proved

this element of the charged crime [or for the limited purpose of

<insert other permitted purpose, e.g., assessing defendant’s

credibility>]. Do not consider such evidence for any other purpose.]

<Defense: Justifiable Possession>

[If you conclude that the defendant possessed ammunition, that

possession was not unlawful if the defendant can prove that (he/she) was

justified in possessing the ammunition. In order to establish this defense,

the defendant must prove that:

1. (He/She) (found the ammunition/took the ammunition from a

person who was committing a crime against the defendant);

AND

2. (He/She) possessed the ammunition no longer than was necessary

to deliver or transport the ammunition to a law enforcement

agency for that agency to dispose of the ammunition.

The defendant has the burden of proving each element of this defense by

a preponderance of the evidence. This is a different standard of proof

than proof beyond a reasonable doubt. To meet the burden of proof by a

preponderance of the evidence, the defendant must prove that it is more

likely than not that each element of the defense is true.]

New January 2006; Revised February 2012