In what circumstances have courts considered whether a defendant used a real firearm in committing a bank robbery?

California, United States of America

The following excerpt is from People v. Lucas, G049915, G049918 (Cal. App. 2014):

In People v. Hunter (2011) 202 Cal.App.4th 261, the only issue at trial was whether the defendant used a real firearm in committing the charged offenses. The defendant and a cohort robbed a branch bank located inside a supermarket. The cohort slammed a gun on the counter, pointing it at the tellers, and the defendant lifted his shirt to show the gun he had in his waistband. (Id. at p. 264.) Witnesses testified the defendant's gun appeared to be real. (Id. at 265.) The only reference in the trial to a fake gun had to do with the gun used by the defendant's cohort. When the defendant was finally arrested almost 18 months after the crimes, he said during his interrogation his cohort's gun was "like an antique" and he (the defendant) did not "'even know if it was a toy or what.'" (Id. at pp. 265-266.)

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