People v. Lochtefeld

Opinion

BENKE, J.

Penal Code section 245, subdivision (c) 1 punishes “an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer . . . .” (Italics added.) As has been often noted, a pellet gun 2 is clearly an instrument other than a firearm. (See, e.g., In re Jose A. (1992) 5 Cal.App.4th 697, 700-701 [7 Cal.Rptr.2d 44].) Courts have found pellet guns to be deadly or dangerous weapons in the context of other penal statutes. 3 May a pellet gun also, as a matter of law, be a deadly weapon within the…