Under what circumstances will a jury be instructed to consider whether a firearm used by appellant was a real firearm?

Objecting to the instruction, defense counsel pointed out that the language of the opinion in People v. Monjaras (2008) 164 Cal.App.4th 1432, 1437, 79 Cal.Rptr.3d 926, from which the instruction was taken, had nothing to do with instructions to the jury. The issue in the case was the sufficiency of the evidence for the jury to infer that the defendant's weapon was real and thus a "firearm" within the meaning of section 12001. The purpose of the language used here to instruct the jury was simply to make sure that jurors were not required to give a defendant the benefit of the victim's inability to say conclusively that the pistol used in the crime was a real firearm. (Id. at p. 1436, 79 Cal.Rptr.3d 926.) Adopting the language as a jury instruction, counsel argued, essentially created an unfair and unreasonable presumption that the gun used by appellant was a real gun, which the Monjaras court never intended.