When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm?

California, United States of America

The following excerpt is from People v. Luna, B266559 (Cal. App. 2016):

When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, the firearm possession is a separate and antecedent offense, carried out with an independent, distinct intent from the primary crime. (People v. Jones (2002) 103 Cal.App.4th 1139, 1141.) Here, defendant arrived at the inn already armed with a firearm. Before his assault on the officers, he already had committed an independent, punishable crime. Section 654 does not bar punishment for that crime as well as the subsequent assault with a firearm.

Page 7

The judgment is affirmed.

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