Does the current offense is possession of a firearm and possession of an assault weapon apply when the current charge is assault?
California, United States of America
The following excerpt is from People v. Asuncion, B267366 (Cal. App. 2017):
Asuncion argues (1) the arming exclusion does not apply when the current offense is possession of a firearm because there must be a facilitative nexus between the arming and an underlying felony to which the arming is tethered, and (2) under the test set forth in People v. Guerrero (1988) 44 Cal.3d 343
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