Return to CALJIC Part 9-12 – Contents
F 12.59 n1 Possession Of Assault Weapons (PC 12280).
In 1989, the legislature passed the “Assault Weapons Control Act” (AWCA) (PC 12275 et. seq.) In enacting the AWCA, the legislature stated its intent “to place restrictions on the use of assault weapons and to establish registration and permit procedure for their lawful sale and possession.” (PC 12275.5.) CALJIC does not provide any instructions regarding the prohibition by the AWCA of the manufacture, distribution, transportation, importation, sale, possession, or lending of assault weapons per PC 12280. Presumably, many of the same instructions which apply to the manufacture, transportation, sale or possession of drugs or concealed weapons would also apply to PC 12280. In the meantime, FORECITE has designated the number F 12.59 for reference to issues relating to the AWCA.
F 12.59 n2 Conviction For Possession Of Assault Rifle Doesn’t Require That The Rifle Be Manufactured With A Detachable Magazine.
(See People v. Dingman DEPUBLISHED (96) 47 CA4th 1068 [55 CR2d 211].)
F 12.59 n3 Possession Of Assault Weapons: Applicability Of Momentary Possession Principles.
Since assault with a deadly weapon involves possession issues to the extent that momentary possession is an issue vis à vis other possession principles, those principles should apply. (See FORECITE F 12.00 et. seq. and F 12.43 et. seq.)
F 12.59 n4 Possession Of Assault Weapons: Possession Issues.
(See FORECITE F 1.24.)
F 12.59 n5 Constitutional Challenge To Assault Weapons Control Act.
Kasler v. Lockyer (2000) 23 C4th 472 [97 CR2d 334] held that the Roberti-Roos Assault Weapons Control Act of 1989 (PC 12275 et seq.) does not violate due process.
F 12.59 n6 Possession Of Assault Weapons: Knowledge Requirement.
(See FORECITE F 12.59a.)
F 12.59 n7 Possession Of Assault Weapon: Belated Discovery Of Nature Of Weapon (PC 12276.1).
PC 12276.1 makes the term “assault weapon” applicable to certain kinds of semi-automatic weapons. It may be a defense theory that the defendant was originally unaware of the nature of the weapon and after becoming aware he/she took steps to get rid of the weapon (see FORECITE F 12.06d) or to modify it so as not to violate the statute. (See U.S. v. Smith (9th Cir. 2000) 217 F3d 746, 750.)
F 12.59 n8 Possession Of Assault Weapon: Exemptions.
Effective January 1, 2002, PC 12280 was amended to extend the exemption to all federal law enforcement agencies. PC 12280 also exempts a person who lawfully possesses a registered assault weapon, and who lends the weapon to another at a target range, under certain conditions, including the return of the weapon to the registered possessor. The section was amended to also exempt the loan of an assault weapon by a retired peace officer, and to revise the conditions to include the return of the weapon to the registered owner. (Stats. 2001, Ch. 937, 130 (SB 626, SB 578).)
F 12.59a
Illegal Possession of Assault Weapons:
Requirement of Knowledge of the Character of the Weapon
(PC 12280)
*Add to CJ 12.59 as element of the charge:
See FORECITE F 12.40a.
