Tag Archives: Firearm Enhancement


Gun Enhancement: Second Amendment Defense
November 9th, 2015

District of Columbia v. Heller (2003) 354 U.S. 570, held that the Second Amendment guarantees an individual’s right to bear arms. Although the court articulated an exception for felons, the Second Amendment’s protection of the right to bear arms should apply to preclude enhancements for merely being armed, as opposed to actually using a weapon […]


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Gun Enhancement: Pinpoint Instruction where Defendant is not Present when Gun and Drugs are Discovered
November 6th, 2015

CC 3131 (Related Issues)  suggests the use of a pinpoint instruction in the situation where the underlying felony is possession of narcotics and the defendant is not present at the time the drugs and firearm are recovered. The instruction is very similar to CJ 17.16.2, the CJ pinpoint instruction on this issue and closely tracks […]


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Firearm Near Drugs: “Facilitative Nexus” Not Required
July 10th, 2014

  People v. Pitto (2008) 43 Cal. 4th 228, rejected the “facilitative nexus” set forth by the Court of Appeal which had been adopted by both CC and CJ. Under People v. Pitto, “[w]hen (1) a defendant, while perpetrating a drug offense, knows of the presence and location of a firearm near the drugs, (2) […]


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