What is the test for possession of a firearm, deadly weapon or explosive?

California, United States of America


The following excerpt is from People v. Talkington, 140 Cal.App.3d 557, 189 Cal.Rptr. 735 (Cal. App. 1983):

The elements of this particular offense relevant to the instant case are taken from the statute: (1) possession (2) of a firearm, deadly weapon, or explosive, (3) without authorization, (4) by one lawfully committed to a county jail. (See People v. Rodriguez, supra, 50 Cal.App.3d at p. 395, 123 Cal.Rptr. 185.) There is no requirement of specific intent, i.e., the prosecution does not have to show the defendant intended to use the object in a violent manner. (Id., at p. 396, 123 Cal.Rptr. 185; People v. Seale [1969] 274 Cal.App.2d 107, 112, 78 Cal.Rptr. 811.)

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