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F 12.50 n1 Self Defense by Ex-Felon: Definition of “Without Preconceived Design” (PC 12021 & PC 12021.1).
CJ 12.50 limits the use of firearms by ex-felons in self-defense to situations where the weapon was obtained “without preconceived design.” This term has been defined by whether or not the weapon was obtained in response to a specific emergency situation. Hence, even if the weapon was obtained before the emergency, if it was obtained in anticipation of a specific emergency then the possession was “without preconceived design.” (People v. Manley DEPUBLISHED (92) 7 CA3d 1936 [9 CR2d 820] [defendant obtained weapon after receiving threats from the victim but before the “imminent peril” arose].) On the other hand the possession is preplanned if the weapon was obtained for general protection. (Ibid.) Hence, this term has a technical legal meaning upon which the jury should be instructed. (See People v. Reynolds (88) 205 CA3d 776, 779 [252 CR 637].)
[A copy of the Manley opinion is available to FORECITE subscribers. Ask for Opinion Bank # O-144.]
F 12.50 n2 Self Defense by Ex-Felon: Grave Danger Exception to PC 12025 and PC 12031 (PC 12021 & PC 12021.1).
See FORECITE F 12.46 n1 re: “grave danger” justification for violation of PC 12025 [carrying a concealed weapon] and PC 12031 [carrying a loaded firearm].