Does section 654 of the Criminal Code apply to the conviction of a convicted felon in possession of a firearm?

Here, section 654 plainly applies to counts 1 and 2. Appellant's conviction on count 1 for being a felon in possession of a firearm and his conviction on count 2 for carrying a concealed weapon while an active member of a criminal street gang both relied on the same act: the fact that appellant was carrying a weapon. When section 654 applies, the sentence for a crime covered by that section must be stayed not served concurrently. (People v. Guzman (1996) 45 Cal.App.4th 1023, 1028.)

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But we reach a different conclusion about appellant's conviction on count 3 for being a felon in possession of ammunition. That count relies on a different act from that alleged in count 2. Whereas count 2 was based on the fact that appellant was carrying a weapon, count 3 was based on the fact that appellant was carrying ammunition. While it might have been possible for the trial court to consider those two acts as part of an indivisible course of conduct, it was not required to do so. Appellant kept his gun and his ammunition in separate places. Furthermore, a gun and ammunition do not necessarily serve the same purpose. A gun can be used for offensive or defensive purposes. Ammunition by contrast can be used to resupply a gun that has been exhausted or given to some other person who might need it. The trial court could reasonably conclude appellant's intent and objective when carrying the weapon was different from his intent and objective when carrying the ammunition. The court's implied ruling on that issue is supported by substantial evidence and is binding on appeal. (People v. Nelson, supra, 211 Cal.App.3d at p. 638.)⁵