Pen. Code, § 12022.5 · Title 2. SENTENCE ENHANCEMENTS
Pen. Code, § 12022.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (b), any person who personally uses a firearm 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 3, 4, or 10 years, unless use of a firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 30510 or 30515, or a machinegun, as defined in Section 16880, 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 5, 6, or 10 years.
(c) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.
(d) Notwithstanding the limitation in subdivision (a) relating to being an element of the offense, the additional term provided by this section shall be imposed for any violation of Section 245 if a firearm is used, or for murder if the killing is perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death.
(e) When a person is found to have personally used a firearm, an assault weapon, a machinegun, or a .50 BMG rifle, in the commission of a felony or attempted felony as provided in this section and the firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(f) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as one single enhancement.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 682, Sec. 1. (SB 620) Effective January 1, 2018.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=12022.5.
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- sha256 d085f52075d9eadb1c01d62bbb10eb6bae9425ca03e8d71201e4a368f8166008
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 245Printed as Section 245
- Pen. Code, § 1170.1Printed as Section 1170.1
- Pen. Code, § 1385Printed as Section 1385
- Pen. Code, § 16880Printed as Section 16880
- Pen. Code, § 18000Printed as Sections 18000 and 18005
- Pen. Code, § 18005Printed as Sections 18000 and 18005
- Pen. Code, § 30510Printed as Section 30510 or 30515
- Pen. Code, § 30515Printed as Section 30510 or 30515
Cited by 17 provisions
Provisions in this library whose text cites Pen. Code, § 12022.5. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 190Printed as Section 12022.5
- Pen. Code, § 422.75Printed as Section 12022.5, 12022.53, or 12022.55
- Pen. Code, § 667.5Printed as Section 12022.5 or 12022.55
- Pen. Code, § 667.61Printed as Section 12022, 12022.3, 12022.5, or 12022.53
- Pen. Code, § 1170.11Printed as Sections 593a, 600, 667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 675, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.8
- Pen. Code, § 1170.2Printed as Section 12022.5
- Pen. Code, § 1170.89Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 1174.4Printed as Section 12022.5, 12022.53, or 12022.55
- Pen. Code, § 1203.06Printed as Section 12022.5
- Pen. Code, § 1269bPrinted as Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this code
- Pen. Code, § 2962Printed as Section 12022.5, 12022.53, or 12022.55
- Pen. Code, § 3057Printed as Section 12022, 12022.5, 12022.53, 12022.7, 12022.8, or 25400
- Pen. Code, § 12022.53Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.55Printed as Section 12022.5
Welfare and Institutions Code
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