Does section 654 of the California Criminal Code bar multiple punishment for both possession of a firearm and possession of ammunition?

California, United States of America


The following excerpt is from People v. Jones, A152216 (Cal. App. 2018):

Jones relies on People v. Lopez (2004) 119 Cal.App.4th 132 (Lopez), in support of his contention that his possession of the firearm and possession of the ammunition were an indivisible course of conduct for the purposes of section 654. In Lopez, police discovered a loaded firearm in the defendant's pocket, and he was ultimately sentenced for both possession of a firearm and possession of the ammunition loaded inside. (Id. at pp. 134-135.) The court held section 654 barred multiple punishment for the two possession convictions because defendant's "obvious intent was to possess a loaded firearm" and "[w]here, as here, all of the ammunition is loaded into the firearm, an 'indivisible course of conduct' is present and section 654 precludes multiple punishment." (Lopez, at p. 138.)

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