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Old 09-05-2007, 03:42 PM
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Default Jury Instructions for Brandishing a Firearms PC 417 (a)(2)

Brandishing a firearm: (Penal Code section 417(a)(2)


To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drew or exhibited a firearm in the immediate presence of someone else;
2. The defendant did so in a rude, angry, or threatening manner;
2. The defendant unlawfully used the firearm in a fight or quarrel;

3. The defendant did not act (in self-defense/[or] in defense of someone else).]

Included in the instructions for this crime is CALCRIM 250 (Union of Act and Intent; General Criminal Intent)

Every crime charged in this case requires proof of the union, or joint operation, of act and wrongful intent.

In order to be guilty of the crime of [PC 417(a)(2)], a person must not only commit the prohibited act, but must do so intentionally or on purpose. The act required is explained in the instructions for each crime. However, it is not required that he or she intend to break the law.
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