Does section 654 of the California Criminal Code bar a defendant from using a firearm as a weapon during the course of his sentence?

California, United States of America

The following excerpt is from The People v. Dozier, 78 Cal.App.4th 1195, 93 Cal.Rptr.2d 600 (Cal. App. 2000):

Whether the defendant acted with a singular intent and objective is a question of fact for the trial court and the court's finding will not be disturbed if it is supported by substantial evidence. (People v. Avalos (1996) 47 Cal.App.4th 1569, 1583.)
As the court observed in People v. Ratcliff (1990) 223 Cal.App.3d 1401, 1410, "[a] violation of section 12021, subdivision (a) is a relatively simple crime to commit: an ex-felon who owns, possesses, or has custody or control of a firearm commits a felony." Because a violation of section 12021 is committed the instant the felon has control of a firearm, section 654 normally does not bar separate punishment for this offense and another offense in which the firearm is used.

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