Cal Pen Code § 12022.5 (2004)
§ 12022.5. Additional punishment for use of firearm, machinegun or
assault weapon in commission or attempted commission of felony or controlled
substance offense
(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 12276 or Section
12276.1, or a machinegun, as defined in Section 12200, 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) Notwithstanding Section 1385 or any otherprovision of
law, the court shall not strike an allegation under this section or a finding
bringing a person within the provisions of this section.
(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, or a machinegun in the commission of a felony or attempted
felony as provided in this section and the firearm, assault weapon, or
machinegun is owned by that person, the court shall order that the firearm be
deemed a nuisance and disposed of in the manner provided in Section 12028.
(f) For purposes of imposing an enhancement under Section
1170.1, the enhancements under this section shall count as one, single
enhancement.