In what circumstances will Section 654 of the Criminal Code be found to be inapplicable for a violation of Section 12021 of the Penal Code for a drive-by shooting?

In this case, the evidence established that defendant, a gang member, was seen brandishing a gun in the streets before the shooting, and disposed of the gun only after the police were on his tail. We can draw no reasonable inference that the gun was "fortuitously" placed in defendant's hands the moment he drove past the house and pulled the trigger in the same manner as in Bradford and Venegas. Section 654 is inapplicable when the evidence shows that the defendant arrived at the scene of his or her primary crime in possession of the firearm. (People v. Jones (2002) 103 Cal.App.4th 1139, 1145 (Jones) [ 654 inapplicable to a violation of 12021 when felon committed a drive by shooting, and there was no evidence of how the gun appeared in his car prior to the shooting].)

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