Is possession of a firearm by gang members a crime?

California, United States of America


The following excerpt is from People v. Tellez, G052871 (Cal. App. 2018):

Defendant argues the court misinstructed the jury because "possession of firearms by gang members" is not a crime listed in section 186.22, subdivision (e). The Attorney General asserts defendant forfeited the issue by failing to object to the instruction at trial. We agree. However, because the error complained of may have "affected the substantial rights of the defendant" we will consider it on the merits. ( 1259.) We also address the merits because he challenges the instruction on grounds of federal constitutional error. (People v. Johnson (2016) 62 Cal.4th 600, 638-639.)

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