CALCRIM No. 2593

Weapon (Pen. Code, § 22810(a), (e)(1), (g))

The defendant is charged [in Count] with unlawfully

(purchasing[,]/[or] possessing[,]/[or] using) (tear gas/[or] a tear gas

weapon) [in violation of Penal Code section 22810].

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

prove that:

1. The defendant (purchased[,]/[or] possessed[,]/[or] used) (an item

containing tear gas/[or] a tear gas weapon);

2. When the defendant (purchased[,]/[or] possessed[,]/[or] used) the

(item/weapon), the defendant knew that it (contained tear gas/was

a tear gas weapon);

AND

<prohibited grounds related to defendant>

[3. When the defendant (purchased[,]/[or] possessed[,]/[or] used) the

(item/weapon), the defendant (was not acting in self-defense/had

been convicted of <insert applicable offense>).]

<prohibited characteristics of a tear gas weapon>

[3. The tear gas weapon (could expel (a projectile/tear gas by any

method other than an aerosol spray)/[or] contained more than

2.5 ounces net weight of aerosol spray).]

Tear gas is a liquid, gaseous, or solid substance intended to produce

temporary physical discomfort or permanent injury when vaporized or

otherwise dispersed in the air.

[A tear gas weapon is a shell, cartridge, or bomb capable of being

discharged or exploded to release or emit tear gas.] [A tear gas weapon

[also] means a revolver, pistol, fountain pen gun, billy, or other device,

portable or fixed, intended specifically to project or release tear gas.] [A

tear gas weapon does not include a device regularly manufactured and

sold for use with firearm ammunition.]

[Pepper spray is a type of tear gas.]

[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 the following (tear gas/

tear gas weapons): <insert description of each tear gas or

tear gas 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 (purchased[,]/[or] possessed[,]/[or] used) at least one of

the alleged items, and you all agree on which alleged item (he/she)

(purchased[,]/[or] possessed[,]/[or] used).]

<sentence enhancement under Pen. Code, § 22810(g)(2)>

[The defendant used (tear gas/[or] a tear gas weapon) against a peace

officer engaged in the performance of official duties and, when the

defendant used the (tear gas/[or] tear gas weapon), the defendant knew

or reasonably should have known that the person was a peace officer.]

[A person employed as a police officer by <insert name of

agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

New October 2025