California Codes

Cal. Penal Code § 12022 (2026)

✓ current as of May 2026

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(a)(1)Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.

(2)Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle.

(b)(1)A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.

(2)If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.

(3)When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.

(c)(1)Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

(2)Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.

(d)Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.

(e)For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.

(f)Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

Notes of Decisions

Cited in 656 cases (118 in the last 5 years), 1962–2026 · leading case: People v. Pitto, 180 P.3d 338 (Cal. 2008).

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People v. Pitto, 180 P.3d 338 (Cal. 2008). · cites it 8× “Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A.”

People v. Conley, 373 P.3d 435 (Cal. 2016). · cites it 2× “) Before the Reform Act, the prosecution ordinarily would have had no reason to plead and prove that the defendant was actually armed with, not merely in possession of, the firearm; arming is not an element of the offense, and case law suggests that the armed- with-a-firearm…”

Cunningham v. California, 549 U.S. 270 (2007). · cites it 2× “, the use of a firearm or other dangerous weapon, infliction of great bodily injury, Penal Code §§ 12022, 12022.7-.8 (West 2000 and Supp.”

People v. Geier, 161 P.3d 104 (Cal. 2007). · cites it 2× “(Pen.Code, §§ 12022, subd. (b), 1203.06, subd.”

People v. Nice, 247 Cal. App. 4th 928 (Cal. Ct. App. 2016). · cites it 4× “(b)(2)) while personally armed with a firearm (Pen. Code, § 12022, subd. (c); count 1); transportation of methamphetamine (Health & Saf.”

Calvillo-Silva v. Home Grocery, 968 P.2d 65 (Cal. 1998). · cites it 4× “The information also alleged that plaintiff personally used a deadly weapon in the commission of a felony (Pen. Code, § 12022, subd. (b)) and that he acted with knowledge that another principal was armed with a firearm (Pen.”

Butler v. Curry, 528 F.3d 624 (9th Cir. 2008). · cites it 2× “See Cal.Penal Code §§ 12022(b)(1) (2003), 3 12022.”

People v. Robert Kenneth Memory, 182 Cal. App. 4th 835 (Cal. Ct. App. 2010). · cites it 3× “Code, § 187) (count 1) with two weapon enhancements (Pen. Code, § 12022, subd. (b)). Memory was convicted of two counts of attempted voluntary manslaughter (Pen.”

People v. Garcia, 244 Cal. App. 4th 1349 (Cal. Ct. App. 2016). · cites it 2× “(Pen. Code, § 12022, subd. (b)(1); counts 1-6.”

People v. Gallardo, 407 P.3d 55 (Cal. 2017). “Code, former section § 245, subd. (a)(1)). 1 It further alleged that this conviction qualified as a "serious felony" conviction for purposes of Penal Code section 667, subdivision (a)(1).”

People v. Jackson, 920 P.2d 1254 (Cal. 1996). · cites it 2× “(Pen. Code, §§ 12022, subd. (a); 12022.5.) [1] It also found true one special circumstance that "[t]he murder was intentional and carried out for financial gain.”

People v. Pena, 99 Cal. Daily Op. Serv. 7604 (Cal. Ct. App. 1999). · cites it 4× “(a); Pen. Code, § 12022, subd. (c)), being under the influence with a firearm (§ 11550(e)), possession of a firearm by an ex-felon (Pen.”

Show all 656 citing cases →

— Cal. Penal Code § 12022(B)(1) — 1 case

People v. Humphrey (Cal. Ct. App. 2020).

— Cal. Penal Code § 12022(a) — 4 cases

Wynn v. State, 518 A.2d 1072 (Md. Ct. Spec. App. 1987).

Ada Anisia Lopez-Amaro v. Immigr. & Naturalization Serv., 25 F.3d 986 (11th Cir. 1994).

State v. Chouinard, 603 P.2d 744 (N.M. Ct. App. 1979).

Zgombic v. State, 798 P.2d 548 (Nev. 1990).

— Cal. Penal Code § 12022(a)(1) — 9 cases

Jonathan C. Shaw v. Cal Terhune, 380 F.3d 473 (9th Cir. 2004).

Aleksandar MacKovski v. City of Garden Grove, 666 F. App'x 649 (9th Cir. 2016).

Loi Van Nguyen v. Gary Lindsey, Attorney Gen. of the State of California, 232 F.3d 1236 (9th Cir. 2000).

United States v. Blanton, 367 F. Supp. 2d 1288 (C.D. Cal. 2005).

BARCO v. Tilton, 694 F. Supp. 2d 1122 (C.D. Cal. 2010).

— Cal. Penal Code § 12022(b) — 9 cases

Doe v. Busby, 661 F.3d 1001 (9th Cir. 2011).

State v. Ovechka, 975 A.2d 1 (Conn. 2009).

Dennis L. STEPHENS, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee, 59 F.3d 932 (9th Cir. 1995).

Banyard v. Duncan, 342 F. Supp. 2d 865 (C.D. Cal. 2004).

Samayoa v. Ayers, 649 F. Supp. 2d 1102 (S.D. Cal. 2009).

— Cal. Penal Code § 12022(b)(1) — 10 cases

Butler v. Curry, 528 F.3d 624 (9th Cir. 2008). “See Cal.Penal Code §§ 12022(b)(1) (2003), 3 12022.”

Danilo Mairena v. William Barr, 917 F.3d 1119 (9th Cir. 2019).

Protsman v. Pliler, 318 F. Supp. 2d 1004 (S.D. Cal. 2004).

People v. Herrera CA2/5 (Cal. Ct. App. 2016).

Robert H. Dunlap v. Stu Sherman (C.D. Cal. 2020).

— Cal. Penal Code § 12022(c) — 3 cases

United States v. Alejandro Burgos-Ortega, 777 F.3d 1047 (9th Cir. 2015).

Jonathan C. Shaw v. Cal Terhune, 353 F.3d 697 (9th Cir. 2003).

United States v. Ellis, 121 F. Supp. 3d 927 (N.D. Cal. 2015).

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