Cal Pen Code § 12022 (2004)
§ 12022. Committing or attempting felony while armed with firearm; Use of
deadly or dangerous weapon
(a)(1) Except as provided in subdivisions (c) and (d), any 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 in the
state prison for one year, unless the arming is an element of that offense.
This additional term 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
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 12276 or Section 12276.1, or a machinegun, as defined in
Section 12200, the additional and consecutive term described in this
subdivision shall be three years 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 or machinegun whether or not the person is personally armed with
an assault weapon or machinegun.
(b)(1) Any 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
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 Section 12028.
(c) Notwithstanding the enhancement set forth in subdivision
(a), any 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.
(d) Notwithstanding the enhancement set forth in subdivision
(a), any 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 in the
state prison 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 one, 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.