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Return to CALJIC Part 14-17 – Contents

F 16.292 n1   Brandishing Imitation Firearms: Instilling Fear In Bystander Sufficient (PC 417.4).

(See In re Michael D. (2002) 100 CA4th 115 [121 CR2d 909].)


F 16.292 a

Brandishing An Imitation Firearm

*CJ 16.292 should be modified as follows:

¶ 1.  Change “replica” to imitation.

 

¶ 2.  Replace current CALJIC language with statutory definition of “imitation” as set forth in PC 417.4.

Points and Authorities

Effective 1/1/94, the crime of brandishing a “replica” gun (former PC 417.2) was abolished and a new crime of brandishing an “imitation” firearm was established under PC  417.4.  That section defines “imitation” firearm as “a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.”

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