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

California, United States of America


The following excerpt is from People v. Blunt, A142432 (Cal. App. 2015):

Under similar, although not identical, circumstances, the Second District in People v. Lopez (2004) 119 Cal.App.4th 132 (Lopez) concluded that section 654 barred punishment for both unlawful possession of a firearm and unlawful possession of ammunition. (Id. at p. 138.) In that case, all of the ammunition at issue was loaded into the prohibited weapon. (Ibid.) Noting that the defendant's "obvious intent was to possess a loaded firearm," the Lopez court opined: "While there may be instances when multiple punishment is lawful for possession of a firearm and ammunition, the instant case is not one of them. Where, as here, all of the ammunition is loaded into the firearm, an 'indivisible course of conduct' is present and section 654 precludes multiple punishment." (Ibid.) In reaching this conclusion, the Lopez court emphasized that, when undertaking an analysis of the applicability of section 654, "the appellate courts should not 'parse[] the objectives too finely.' " (Ibid., quoting People v. Britt (2004) 32 Cal.4th 944, 953.)

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