CALCRIM No. 984

Code, § 417(a)(2)(A))

If you find the defendant guilty of brandishing a firearm, you must then

decide whether the People have proved the additional allegation that the

defendant brandished a firearm that was capable of being concealed on

the person while in a public place [in violation of Penal Code section

417(a)(2)(A)].

To prove this allegation, the People must prove that:

1. The defendant drew or exhibited a firearm that was capable of

being concealed on the person;

AND

2. When the defendant did so, (he/she) was (in a public place in an

incorporated city/ [or] on a public street).

A firearm capable of being concealed on the person is a firearm that has

a barrel less than 16 inches in length. [A firearm capable of being

concealed on the person also includes any device that has a barrel 16

inches or more in length that is designed to be interchanged with a

barrel less than 16 inches in length.]

[As used here, a public place is a place that is open and accessible to

anyone who wishes to go there.]

The People have the burden of proving this allegation beyond a

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

that this allegation has not been proved.

New January 2006; Revised February 2012, March 2019