In People v. Miceli (2002) 104 Cal.App.4th 256, the court considered the similar criminal offense of assault with a semiautomatic firearm, section 245, subdivision (b). Miceli concluded that section 245, subdivision (b) does not require proof that the firearm was operable as a semiautomatic at the time of the assault. (Miceli, at p. 268.) "A person may commit an assault under the statute by using the gun as a club or bludgeon, regardless of whether he could also have fired it in a semiautomatic manner at that moment." (Id. at p. 270.) Miceli also noted that section 245, subdivision (b) does not proscribe assault with a loaded semiautomatic firearm. (Miceli, at p. 270.) In contrast, numerous provisions in the Penal Code plainly require that a firearm be loaded as an element of the offense. (Ibid.)