Negligent discharge of a firearm is addressed by California Penal Code Section 246.3. Essentially, it makes it a crime to intentionally fire a weapon with gross negligence, risking injury or death to another individual.
PC 246.3 is considered a serious offense, often called a “wobbler” crime. This term refers to crimes that can be charged as either misdemeanors or felonies.
Consequently, the prosecutor has the discretion to decide how to file the case, depending on the seriousness of the offense, the location, and your criminal record.
It is important to note that the firearm must be discharged intentionally and willfully. If the discharge was accidental, such as a misfire or mishandling without intent, you cannot be charged under Penal Code 246.3.
Understanding this distinction can help you evaluate your situation and seek appropriate legal advice.
A typical example is when people fire their guns into the air on New Year's Eve in areas where this could cause injury. While no one may be harmed, you can still be charged with negligent shooting.
Act of Discharging a Firearm
PC 246.3 covers not only firearms but also the act of discharging a BB gun or pellet gun that uses air, gas pressure, or spring action to fire a projectile. Nevertheless, the legal penalties for firing these types of weapons are always classified as misdemeanors.
The crucial factor in facing criminal charges for negligent discharges of a firearm is intent. Specifically, your intent must be willful, and you must have known the weapon was loaded.
Legal penalties can be severe, depending on the situation. For instance, a straightforward misdemeanor for violating PC 246.3, negligent discharge of a firearm, could result in up to one year in county jail.
This underscores the gravity of the charge and the necessity of legal support. If you face accusations of negligently discharging a firearm, it is crucial to contact the California criminal defense attorneys at Eisner Gorin LLP. We can assess your case and craft a robust defense strategy.
What Does PC 246.3 Say?
California Penal Code Section 246.3 clearly defines the crime of negligent discharge:
"(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."
Key Definitions in PC 246.3
“Willfully” indicates it was deliberate, meaning you intentionally fired the weapon. It also covers awareness that the gun was loaded. Gross negligence goes beyond ordinary negligence, which is simply a lapse in judgment.
Gross negligence occurs when your actions are so reckless that they could likely cause serious injury or death. The court considers factors such as whether you ignored safety protocols or fired dangerously.
This level of disregard for safety is a crucial element in the crime of negligent firearm discharge, and understanding it can help you evaluate your case.
It indicates that you deliberately ignored others' safety. For instance, firing a gun into the air at an outdoor event with hundreds of attendees clearly demonstrates a lack of concern for their safety.
The legal definition also covers language indicating that your negligent behavior had the potential to cause injury or death. Importantly, the district attorney must demonstrate that firing the weapon could have led to injury or death.
What Must Be Proven to Convict?
To secure a conviction for negligent discharge of a firearm under PC 246.3, the prosecutor must demonstrate all the following "elements of the crime":
- You deliberately discharged a weapon or a BB device.
- You discharged the weapon with gross negligence, and;
- Handling the weapon improperly could lead to injury or death.
- Any sensible person would recognize that behaving this way would carry significant risk.
Under California law, a firearm is any device intended to be used as a weapon that discharges a projectile through the barrel by an explosion. A BB device is an instrument that can launch a projectile using air, gas pressure, or spring action.
As mentioned earlier, mere negligence in firing a gun does not suffice for a conviction of negligent discharge. The conduct must amount to more than ordinary negligence.
To establish gross negligence, the prosecutor must prove beyond a reasonable doubt that all the elements of the offense are present.
The elements of the crime clearly indicate that “gross negligence” is more than just a mistake or carelessness. It represents a substantial deviation from what an ordinary, careful person would do in comparable circumstances.
This level of disregard for safety exceeds typical negligence, which usually involves failing to exercise the care a reasonable person would in similar situations.
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 26100 - Drive-by shooting law,
- California Penal Code Section 25850 – Carrying a loaded firearm in public.
What are the Penalties?
If you are convicted of negligent discharge of a firearm, the penalties you face will vary depending on whether the prosecutor charged you with a misdemeanor or a felony.
As mentioned earlier, the way the prosecutor files the case usually depends on the particular allegations and your criminal record. The legal consequences for a 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 of up to $10,000,
- Formal felony probation.
Besides the legal penalties mentioned earlier, California law permits sentencing enhancements. For example, a gang sentencing enhancement under California Penal Code Section 186.22 may apply if it's demonstrated that the firearm discharge was linked to gang-related activities.
This gang sentencing enhancement may add up to 4 years in prison. A felony for negligent discharge of a firearm counts as a strike under California's three-strikes law. If you're not a U.S. citizen, such a conviction could impact your immigration status and result in deportation.
What are the Possible Defenses?
Despite the serious nature and possible severe legal penalties of a conviction for negligent discharge of a firearm, it's crucial to remember that you are considered innocent until proven guilty. Our California criminal defense attorneys can employ a range of effective defense strategies to protect your rights.
Each case is unique and begins with a detailed review of the specific facts and circumstances to develop an effective defense. Common legal defenses to California Penal Code Section 246.3, negligent discharge of a firearm, include the following:
- Self-defense: Sometimes, our lawyers can argue successfully that you acted in self-defense or to protect someone else. According to California law, you are acting in self-defense if you reasonably believed that you or another person faced an imminent threat of serious injury, that discharging the firearm was necessary to defend yourself, and you used only the force needed.
- Believing the firearm was not loaded: As mentioned earlier, you must prove that you intentionally fired the gun. This also requires showing you knew it was loaded. In some situations, our criminal attorneys might be able to create reasonable doubt that you were unaware it was loaded. You cannot be found guilty of violating PC 246.3, negligent discharge of a firearm, if you genuinely believed it was unloaded. Additionally, we may argue that the firing was accidental.
- There is no risk of injury or death: As discussed in the elements of the crime, to convict someone of negligent discharge of a firearm, the prosecutor must demonstrate that your firing could have caused injury or death.
In certain cases, the location and circumstances of the discharge 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 criminal defense law firm of Eisner Gorin LLP.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,