People v. Runnion

In People v. Runnion (1994) 30 Cal.App.4th 852, the court rejected the defendant's argument that an instruction which advised the jury the term "firearm" included a "handgun" did not impermissibly remove this element of the crime from the jury's consideration. Runnion, after noting that Penal Code section 12002 had been amended to encompass nontraditional firearms within the ambit of the Dangerous Weapons Control Law (Pen. Code, 12000-12101) concluded that a "handgun" fell within the legal definition of firearms set forth in Penal Code section 12001, and therefore any further instruction to the jury would be confusing. "When, as here, the gun appears to be a traditional firearm, there is no need for the court to instruct the jury more expansively." ( People v. Runnion, supra, 30 Cal.App.4th at p. 858.)