Return to CALJIC Part 9-12 – Contents
F 9.04 n1 Permitting A Person In A Vehicle With A Firearm (PC 12034).
In re Ramon A. (95) 40 CA4th 935 [49 CR2d 59] held that under PC 12034, a driver acts at his or her own peril in knowingly permitting a passenger to carry a firearm, without adequate assurance that the weapon is unloaded. Thus, knowledge that the gun is loaded is not an element of the offense.
F 9.04 n2 Discharge Of Firearm From A Vehicle (PC 12034): Intent Required.
People v. Laster (97) 52 CA4th 1450, 1468-69 [61 CR2d 680] held that PC 12034 requires only a general criminal intent because the “permitting” of a discharge does not imply an intention that the firearm be discharged but only failing to prevent it when the defendant had the power and ability to do so.
F 9.04 n3 Discharge Of Firearm From Motor Vehicle (PC 12034): Whether “Permit” Is Unconstitutionally Vague.
People v. Laster (97) 52 CA4th 1450, 1467 [61 CR2d 680] held that the term “permit” as used in PC 12034 is not unconstitutionally vague because the defendant cannot be held criminally liable for failing to prevent the discharge unless the defendant had the knowledge, power and ability necessary to prevent it.
F 9.04 n4 Assault With Firearm (PC 245(a)(2)) Is Not LIO Of Discharging Firearm From A Vehicle (PC 12034(c)).
See People v. Licas (2007) 41 C4th 362 [disapproving In re Edward G. (2004) 124 CA4th 962].
