SERIES 2500 WEAPONS
F. OTHER WEAPONS OFFENSES
F 2591 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness (PC 12316(b)(1))
TABLE OF CONTENTS
F 2591.1 Titles And Identification Of Parties
F 2591.1 Inst 1 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Title
F 2591.1 Inst 2 Identification Of Prosecution And Defendant
F 2591.2 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2591.3 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2591.4 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Burden Of Proof Issues
F 2591.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2591.4 Inst 2 Justifiable Possession: Burden Of Proof Should Be On Prosecution Because The Defense Relates To The Conduct Of The Defendant
F 2591.4 Inst 3 “Each Element” Language Should Be Removed As The Affirmative Defenses
F 2591.5 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Elements And Definitions [Reserved]
F 2591.6 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Defense Theories [Reserved]
F 2591.7 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Preliminary Fact Issues [Reserved]
F 2591.8 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Unanimity/Duplicity/Multiplicity [Reserved]
F 2591.9 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Lesser-Offense Issues [Reserved]
Return to Series 2500 Table of Contents.
F 2591.1 Titles And Identification Of Parties
F 2591.1 Inst 1 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Title
See generally, FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2591.1 Inst 2 Identification Of Prosecution And Defendant
See generally, FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2591.2 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2591.3 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2591.4 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Burden Of Proof Issues
F 2591.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2591.4 Inst 2 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 2591.4 Inst 3 “Each Element” Language Should Be Removed As The Affirmative Defenses
See FORECITE F 2510.4 Inst 4.
F 2591.5 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Elements And Definitions [Reserved]
F 2591.6 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Defense Theories [Reserved]
F 2591.7 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Preliminary Fact Issues [Reserved]
F 2591.8 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Unanimity/Duplicity/Multiplicity [Reserved]
F 2591.9 Possession Of Ammunition By Person Prohibited From Possessing Firearm Due To Conviction Or Mental Illness—Lesser-Offense Issues [Reserved]
