Does section 654 of the California Criminal Code prohibit a defendant from possessing ammunition in the firearm?

California, United States of America


The following excerpt is from People v. Harpe, H039590 (Cal. App. 2014):

In the present case, defendant did not merely possess ammunition inside of the firearm; he possessed ammunition outside of the firearm. Moreover, the amount of ammunition defendant possessed exceeded the capacity of the firearm. Furthermore, a gun and ammunition do not necessarily serve the same purpose, since ammunition can be used to resupply a gun that has been exhausted or given to some other person who might need it. Section 654 does not preclude multiple punishment for a defendant's " 'simultaneous possession of different items of contraband' " when " 'the possession of one item is not essential to the possession of another separate item.' " (People v. Jones (2012) 54 Cal.4th 350, 358.)

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