Return to CALJIC Part 9-12 – Contents
F 12.52 n1 Possession Of Controlled Substance While Armed With A Firearm: Constructive Possession.
(See FORECITE F 1.24a et seq.)
F 12.52 n2 Equal Protection Challenge.
People v. Edwards (91) 235 CA3d 1700 [1 CR2d 631] rejected an equal protection challenge to HS 11370.
F 12.52 n3 Definition Of Arming.
HS 11370.1 defines “armed” as “having available …” For other constructions of the term see FORECITE F 17.15 et seq.
F 12.52a
Possession Of Controlled Substance While Armed
With A Firearm: Knowledge Element
*Modify CJ 12.52 3rd paragraph as follows [added language is capitalized and underlined; deleted language is between << >> and lined out:]
THE TERM “armed with A FIREARM” means <<having>> KNOWINGLY TO CARRY A FIREARM [OR TO HAVE IT available] for immediate offensive or defensive use.
Points and Authorities
See CJ 17.15 and CJ 17.16.1; see also People v. Singh (2004) 119 CA4th 905, 912 [“We can discern no reason for this omission of the knowledge requirement other than inadvertence and we urge the CALJIC committee to promulgate a new instruction including the knowledge requirement”].