CALCRIM No. 3147

.50 BMG Rifle (Pen. Code, § 12022.5(b))

If you find the defendant guilty of the crime[s] charged in Count[s]

[,] [or of attempting to commit (that/those) crime[s]][or the

lesser crime[s] of <insert name[s] of alleged lesser

offense[s]>], you must then decide whether[, for each crime,] the People

have proved the additional allegation that the defendant personally used

(an assault weapon/a machine gun/a .50 BMG rifle) during the

commission [or attempted commission] of that crime. [Y ou must decide

whether the People have proved this allegation for each crime and

return a separate finding for each crime.]

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

description from § 30515> is an assault weapon.]

[A machine gun is any weapon that (shoots[,]/ [or] is designed to shoot[,]/

[or] can readily be restored to shoot) automatically more than one shot

by a single function of the trigger and without manual reloading.] [(A/

An) <insert name of weapon deemed by the federal Bureau of

Alcohol, Tobacco, and Firearms as readily convertible to a machine gun> is

[also] a machine gun.]

[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.]

[The term (assault weapon/machine gun/.50 BMG rifle) is defined in

another instruction.]

[(An assault weapon/A machine gun/A .50 BMG rifle) does not need to

be in working order if it was designed to shoot and appears capable of

shooting.] [(An assault weapon/A machine gun/A .50 BMG rifle) does not

need to be loaded.]

Someone personally uses (an assault weapon/a machine gun/a .50 BMG

rifle) if he or she [knows or reasonably should know that the weapon has

characteristics that make it (an assault weapon/a machine gun/a .50

BMG rifle) and] intentionally does any of the following:

1. Displays the (assault weapon/machine gun/.50 BMG rifle) in a

menacing manner;

2. Hits someone with the (assault weapon/machine gun/.50 BMG

rifle);

OR

3. Fires the (assault weapon/machine gun/.50 BMG rifle).

<If there is an issue in the case over whether the defendant used the weapon

“during the commission of” the offense, see Bench Notes.>

The People have the burden of proving each allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.

New January 2006; Revised February 2012