California, United States of America
The following excerpt is from People v. Mayes, C073853 (Cal. App. 2015):
Weapon possession during the commission of a crime must "have some 'facilitative nexus' to that offense." (People v. Bland (1995) 10 Cal.4th 991, 1002, italics omitted.) With respect to felony drug possession, a continuing offense, "a defendant is armed 'in the commission' of that crime so long as the defendant had the firearm available for use in furtherance of the drug offense at some point during the defendant's possession of the drugs." (Ibid.) Likewise, a defendant is armed during the commission of a kidnapping if he had a firearm available for use at some point between the initial detention and when he disposes of the victim and reaches a place of temporary safety.
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