What is the test for establishing that a gun is a firearm?
California, United States of America
The following excerpt is from People v. Beltran, 210 Cal.App.3d 1295, 258 Cal.Rptr. 884 (Cal. App. 1989):
"(4) Even such a simple concept as 'a gun is a firearm,' must be conveyed to the jury in definitional terms so as to permit the jury to apply the [210 Cal.App.3d 1305] instruction in its factfinding/law-applying function." (People v. Lawson (1987) 189 Cal.App.3d 741, 747-748, 234 Cal.Rptr. 557.)
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