California, United States of America
The following excerpt is from People v. Barnes, B283209 (Cal. App. 2018):
Although we agree that section 654 applies to count 4, we do not agree it applies to bar multiple punishment on counts 3 and 5, unlawful possession of a firearm and brandishing a firearm, respectively. " ' "Whether a violation of [former] section 12021,2 forbidding persons convicted of felonies from possessing firearms concealable upon the person, constitutes a divisible transaction from the offense in which he employs the weapon depends upon the facts and evidence of each individual case. Thus where the evidence shows a possession distinctly antecedent and separate from the primary offense, punishment on both crimes has been approved. On the other hand, where the evidence shows a possession only in conjunction with the primary offense, then punishment for the illegal possession of the firearm has been held to be improper where it is the lesser offense." ' " (People v. Jones (2002) 103 Cal.App.4th 1139, 1143, italics added, fn. omitted; accord, People v. Ratcliff (1990) 223 Cal.App.3d 1401, 1407-1414.)
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