SERIES 2500 WEAPONS
B. POSSESSION OF FIREARM BY PERSON PROHIBITED
F 2513 Possession Of Firearm By Person Addicted To A Narcotic Drug (PC 12021(a))
TABLE OF CONTENTS
F 2513.1 Titles And Identification Of Parties
F 2513.1 Inst 1 Possession Of Firearm By Person Addicted To A Narcotic Drug—Title
F 2513.1 Inst 2 Identification Of Prosecution And Defendant
F 2513.2 Possession Of Firearm By Person Addicted To A Narcotic Drug—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2513.3 Possession Of Firearm By Person Addicted To A Narcotic Drug—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2513.4 Possession Of Firearm By Person Addicted To A Narcotic Drug—Burden Of Proof Issues
F 2513.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2513.4 Inst 2 Momentary Possession: Burden Of Proof Should Be On Prosecution
F 2513.4 Inst 3 Justifiable Possession: Burden Of Proof Should Be On Prosecution Because The Defense Relates To The Conduct Of The Defendant
F 2513.4 Inst 4 “Each Element” Language Should Be Removed As The Affirmative Defenses
F 2513.5 Possession Of Firearm By Person Addicted To A Narcotic Drug—Elements And Definitions [Reserved]
F 2513.6 Possession Of Firearm By Person Addicted To A Narcotic Drug—Defense Theories [Reserved]
F 2513.7 Possession Of Firearm By Person Addicted To A Narcotic Drug—Preliminary Fact Issues [Reserved]
F 2513.8 Possession Of Firearm By Person Addicted To A Narcotic Drug—Unanimity/Duplicity/Multiplicity [Reserved]
F 2513.9 Possession Of Firearm By Person Addicted To A Narcotic Drug—Lesser-Offense Issues [Reserved]
Return to Series 2500 Table of Contents.
F 2513.1 Titles And Identification Of Parties
F 2513.1 Inst 1 Possession Of Firearm By Person Addicted To A Narcotic Drug—Title
See generally, FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2513.1 Inst 2 Identification Of Prosecution And Defendant
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See generally, FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2513.2 Possession Of Firearm By Person Addicted To A Narcotic Drug—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2513.3 Possession Of Firearm By Person Addicted To A Narcotic Drug—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2513.4 Possession Of Firearm By Person Addicted To A Narcotic Drug—Burden Of Proof Issues
F 2513.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2513.4 Inst 2 Momentary Possession: Burden Of Proof Should Be On Prosecution
See FORECITE F 2305.2 Inst 5.
F 2513.4 Inst 3 Justifiable Possession: Burden Of Proof Should Be On Prosecution Because The Defense Relates To The Conduct Of The Defendant
Add to CC 2510:
[Modify burden of proof so that prosecution is required to prove beyond a reasonable doubt that the defendant did not justifiably possess the firearm.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Propriety Of Instruction—See FORECITE F 3403 Inst 4.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.2 [Defendant Has No Burden To Prove Defense Theory Which Negates Element Of Charge]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 2513.4 Inst 4 “Each Element” Language Should Be Removed As The Affirmative Defenses
See FORECITE F 2510.4 Inst 4.
F 2513.5 Possession Of Firearm By Person Addicted To A Narcotic Drug—Elements And Definitions [Reserved]
F 2513.6 Possession Of Firearm By Person Addicted To A Narcotic Drug—Defense Theories [Reserved]
F 2513.7 Possession Of Firearm By Person Addicted To A Narcotic Drug—Preliminary Fact Issues [Reserved]
F 2513.8 Possession Of Firearm By Person Addicted To A Narcotic Drug—Unanimity/Duplicity/Multiplicity [Reserved]
F 2513.9 Possession Of Firearm By Person Addicted To A Narcotic Drug—Lesser-Offense Issues [Reserved]
