It is a wobbler which means it could be a felony or a misdemeanor. Ca penal code 12022 2017 a 1 except as provided in subdivisions c and d a 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 pursuant to subdivision h of section 1170 for one year unless the arming is an element of that offense. Code search text search up.
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