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California Penal Code Section 246.3 PC: Shooting In A Grossly Negligent Manner
California Penal Code Section 246.3 PC: Shooting In A Grossly Negligent Manner
California Penal Code Section 246.3 PC makes it illegal to discharge a firearm in a grossly negligent manner that could result in injury or death to a person. This law was created to prevent reckless behavior with guns that puts others at risk. Let’s break down what this law means and the penalties for violating it.
What Does California Law Say About Negligent Discharge of a Firearm?
The text of PC 246.3 states that “any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense.”[3] To be convicted, the prosecution must prove these key elements:
- You intentionally fired a firearm or BB device
- You acted with gross negligence, meaning a reckless disregard for human life
- Shooting the firearm could have resulted in injury or death to someone
The law applies even if you weren’t aiming at a particular person. Simply firing a gun randomly in a way that could potentially hit someone demonstrates gross negligence. For example, celebratory gunfire into the air on the 4th of July could easily result in injury or death if the bullets eventually come down. This would violate PC 246.3.
Penalties for Negligent Discharge of a Firearm in California
A violation of this law can be charged as either a misdemeanor or felony, known as a “wobbler” offense.[2] Potential penalties include:
- Misdemeanor: Up to 1 year in county jail, a fine up to $1,000, or both
- Felony: 16 months, 2 years or 3 years in state prison, a fine up to $10,000, or both
In addition to the criminal penalties, a conviction will also result in a prohibition on owning or possessing firearms for 10 years under Penal Code 29800 PC.
Legal Defenses to Negligent Discharge of a Firearm
If you’ve been accused of violating PC 246.3, some possible defenses include:
- You didn’t act with gross negligence – For example, you took reasonable safety precautions while target shooting and had no criminal intent.
- The firearm wasn’t loaded and couldn’t have injured anyone.
- You were falsely accused and didn’t fire any weapon.
- You acted in lawful self-defense or defense of others.
An experienced criminal defense attorney can evaluate the details of your case and advise you on the best defense strategy.
Other firearms offenses defined under California law include:
- Brandishing a firearm (PC 417): Drawing or exhibiting a firearm in a rude, angry or threatening manner.[4]
- Criminal storage of a firearm (PC 25100): Keeping any loaded firearm within premises under your control where a child or prohibited person could access it.
- Drive-by shooting (PC 26100): Intentionally discharging a firearm from a motor vehicle at another person outside the vehicle.
- Felon in possession of a firearm (PC 29800): Owning, purchasing, receiving, or having custody or control of any firearm after being convicted of a felony.
It’s important to note that the 2nd Amendment right to bear arms under the U.S. Constitution is not unlimited. States can regulate the possession and use of firearms to protect public safety.
Consult an Attorney for Help with Firearm Offenses
Being charged with negligent discharge of a firearm or any other gun crime can have devastating consequences on your life. An experienced criminal defense lawyer can advise you of your rights and build the strongest case for a positive outcome. Don’t hesitate to seek legal help.