(a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact.

(b) This section shall become operative on January 1, 2022.

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Terms Used In California Penal Code 12022.4

  • firearm: has the meaning provided in subdivision (a) of Section 16520. See California Penal Code 12001
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7

(Amended (as amended by Stats. 2013, Ch. 508, Sec. 16) by Stats. 2016, Ch. 887, Sec. 16. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)