Can a defendant be "armed" simply by having a firearm available for use?

California, United States of America


The following excerpt is from People v. Flores, B233196 (Cal. App. 2012):

As used in the enhancement statutes, a defendant may be "armed" simply by having a firearm available for use. (People v. Bland (1995) 10 Cal.4th 991, 997.) On the other hand, "'[a]lthough the use of a firearm connotes something more than a bare potential for use, there need not be conduct which actually produces harm but only conduct which produces a fear of harm or force by means or display of a firearm in aiding the commission of one of the specified felonies. "Use" means, among other things, "to carry out a purpose or action by means of," to "make instrumental to an end or process," and to "apply to advantage." [Citation.]'" (Ibid.)

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