CALCRIM No. 983

Code, § 417(a)(1) & (2))

The defendant is charged [in Count] with brandishing a (firearm/

deadly weapon) [in violation of Penal Code section 417(a)].

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

prove that:

1. The defendant drew or exhibited a (firearm/deadly weapon) in

the presence of someone else;

[AND]

<Alternative 2A—displayed in rude, angry, or threatening manner>

[2. The defendant did so in a rude, angry, or threatening manner(;/

.)]

<Alternative 2B—used in fight>

[2. The defendant [unlawfully] used the (firearm/deadly weapon) in a

fight or quarrel(;/.)]

<Give element 3 when instructing on self-defense or defense of another .>

[AND

3. The defendant did not act (in self-defense/ [or] in defense of

someone else).]

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

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

explosion or other form of combustion.]

[A deadly weapon is any object, instrument, or weapon [that is inherently

deadly or one] that is used in such a way that it is capable of causing

and likely to cause death or great bodily injury.]

[An object is inherently deadly if it is deadly or dangerous in the

ordinary use for which it was designed.]

[In deciding whether an object is a deadly weapon, consider all the

surrounding circumstances.]

[Great bodily injury means significant or substantial physical injury. It is

an injury that is greater than moderate harm.]

[The term[s] (firearm[,]/ deadly weapon[,]/ [and] great bodily injury) (is/

are) defined in another instruction to which you should refer.]

[It is not required that the firearm be loaded.]

New January 2006; Revised October 2010, February 2012, February 2013,

September 2019, September 2020, March 2022, October 2025