Negligent discharge of a firearm is covered under California Penal Code Section 246.3. In basic terms, it criminalizes the act of intentionally discharging a firearm with gross negligence that might result in injury or death to another person.
PC 246.3 is a serious offense, known as a “wobbler” crime. This term describes crimes that can be charged as either a misdemeanor or a felony. This means the prosecutor has the discretion to file the case based on the severity of the offense, the location, and your criminal history.
It should be noted that the discharge of the firearm must be willful and intentional. This means you can't be guilty of negligent discharge of a firearm under Penal Code 246.3 if your weapon was discharged accidentally.
A common example includes situations where people will shoot their firearm in the air on New Year's Eve at a location where it's possible to injure someone. Even though nobody is injured, you could still face charges for shooting negligently.
PC 246.3 includes not only a firearm but also discharging a BB gun or pellet gun that fires a projectile using air or gas pressure and spring action. However, the legal penalties for firing these types of weapons are always a misdemeanor offense. The key here for facing criminal charges for negligent discharges of a firearm is intent. This means your intent for firing a weapon has to be willful, and you knew the weapon was loaded.
Legal penalties can be harsh, depending on the circumstances. For example, a simple misdemeanor conviction for violating PC 246.3, negligent discharge of a firearm, can carry a sentence of up to one year in a county jail. This underscores the seriousness of the offense and the potential need for legal counsel. Suppose you have been accused of negligently discharging a firearm. In that case, it is crucial to contact the Los Angeles criminal defense lawyers at Eisner Gorin LLP to review the specific details and plan a strategy to defend you.
What Does the Law Say?
California Penal Code Section 246.3 provides a clear legal definition of the crime of negligent discharge below.
"(a) Except as otherwise authorized by law, 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 and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Except as otherwise authorized by law, any person who willfully discharges a BB device in a grossly negligent manner, which could result in injury or death to a person, is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year. (c) As used in this section, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action."
The term “willfully” means it was on purpose, and you intentionally fired the weapon. It also includes knowledge that the gun was loaded. Grossly negligent means more than just ordinary negligence, which is described as a lapse in judgment.
Gross negligence means your conduct was so reckless that it was likely to produce serious bodily injury or even death. This level of disregard for safety is a key element in the offense of negligent discharge of a firearm.
It means you had a conscious disregard for the safety of other people. For example, if you shoot a firearm in the air at an outdoor event where there are hundreds of other people, your conduct clearly shows you had no regard for the safety of the other people who were attending the same event.
The legal definition above also includes language that your negligent conduct had the likelihood of causing injury or death. Notably, the district attorney must be able to prove that your discharging of the weapon could have resulted in injury or death.
Elements of the Crime
In order for the prosecutor to obtain a conviction for negligent discharge of a firearm in violation of California Penal Code Section 246.3, they must be able to prove every "element of the crime" below:
- You intentionally fired a weapon or a BB device.
- You shot the weapon with gross negligence, and;
- Your shooting of the weapon could have resulted in injury or death.
- Any reasonable person would have known that acting in this manner would create such a high risk.
Under California law, a firearm is any device designed to be used as a weapon in which a projectile is discharged through the barrel by the force of an explosion. A BB device is an instrument that can expel a projectile using air or gas pressure or spring action.
As stated above, if you were only simply negligent in discharging a firearm, you can't be convicted of negligent discharge of a firearm. It must be more than ordinary negligence. In order to act with gross negligence, the prosecutor has to prove, beyond a reasonable doubt, all the elements of the crime:
The elements of the crime clearly show that “gross negligence” is more than a simple mistake or carelessness. It's a significant departure from what any ordinary, careful person would do under similar circumstances. It's a level of disregard for safety that goes beyond ordinary negligence, which is typically defined as a failure to exercise the degree of care that a reasonable person would have exercised in the same situation.
What are Related Crimes?
- California Penal Code Section 417 – Brandishing a weapon,
- California Penal Code Section 29800 - Felon with a firearm,
- California Penal Code Section 246 - Shooting at inhabited dwelling or vehicle,
- California Penal Code Section 25850 – Carrying a loaded firearm in public.
What are the Penalties?
Suppose you are convicted of negligent discharge of a firearm in violation of California Penal Code Section 246.3. In that case, the legal penalties will depend on whether the charges filed by the prosecutor were a misdemeanor or a felony offense.
As stated above, how the prosecutor files the case will typically depend on the specific allegations and your criminal history. The legal penalties for misdemeanor conviction of negligent discharge of a firearm include:
- Up to one year in a county jail,
- A fine up to $1,000,
- Misdemeanor summary probation.
If you are convicted of negligent discharge of a firearm as a felony offense, the legal penalties include:
- Up to three years in a county jail,
- A fine up to $10,000,
- Formal felony probation.
In addition to the legal penalties listed above, California law also allows for sentencing enhancements. For example, you could face a gang sentencing enhancement under California Penal Code Section 186.22. This enhancement would occur if it could be shown that the discharge of the firearm was done in connection with any type of gang-related activity.
This gang sentencing enhancement could lead to an additional 4 years in prison. A felony conviction for negligent discharge of a firearm would also be considered a strike under California's three-strikes law. If you are not a legal citizen of the United States, a conviction could have immigration consequences and lead to deportation.
What are the Defenses?
In spite of the serious nature and potentially harsh legal consequences of a conviction for negligent discharge of a firearm, it's very important to note they you are innocent until proven guilty. Our California criminal defense lawyers can use a variety of proven defense strategies to defend you.
Every case is unique and first requires a thorough examination of the specific facts and circumstances in order to plan a strong defense. Some of the most common legal defenses against California Penal Code Section 246.3, negligent discharge of a firearm, include the following:
- Self-defense. In some cases, our lawyers may be able to successfully argue that you were acting in self-defense or defense of another person. Under California law, you are acting in self-defense if you reasonably believed you or another person was in imminent danger of suffering serious bodily injury, you had a reasonable belief that you needed to discharge the firearm to defend yourself, and you didn't use any more force than necessary.
- Belief the firearm was not loaded. As stated above, it has to be proven that you intentionally fired the firearm. This also means you had to know the firearm was loaded. In certain cases, our criminal attorneys may be able to cast some reasonable doubt that you did not know it was loaded. You can't be guilty of violating California Penal Code Section 246.3, negligent discharge of a firearm, if you believed it was unloaded. Likewise, we may be able to argue that the discharge of the firearm was an accident.
- No danger of injury or death. As we covered in the elements of the crime, in order to be convicted of negligent discharge of a firearm, the prosecutor has to prove that your shooting of the weapon could have resulted in injury or death.
In certain cases, the location and circumstances where the weapon was discharged would be the most significant factor. The prosecutor has the burden of proof on all the elements of the crime. If you have been accused of negligent discharge of a firearm under PC 246.3, call the top-rated Los Angeles criminal defense law firm of Eisner Gorin LLP.
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