Penal Code section 1170.89

Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, set forth in Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a person knew or had reason to believe that a firearm was stolen shall constitute a circumstance in aggravation of the enhancement justifying imposition of the upper term on that enhancement.

Source: Section 1170.89, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=1170.­89.­ (updated Jan. 1, 2006; accessed Jul. 14, 2025).

Green check means up to date. Up to date

Verified:
Jul. 14, 2025

§ 1170.89's source at ca​.gov