(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170.
In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred:(1) The officer's holster strap was unfastened by the defendant.(2) The firearm was partially removed from the officer's holster by the defendant.(3) The firearm safety was released by the defendant.(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm.(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it.(6) The defendant's fingerprint was found on the firearm or holster.(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm.(8) In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up.