California Penal Code § 246 PC – Shooting at an Inhabited Dwelling or Occupied Vehicle

California Penal Code § 246 PC makes it a serious felony to maliciously and willfully discharge a firearm at an inhabited dwelling, occupied building, occupied motor vehicle, or occupied aircraft.

Often prosecuted in connection with drive-by shootings, gang allegations, or disputes involving firearms, an offense under PC 246 is treated with extreme severity under California law due to the grave risk of catastrophic injury or death.

Understanding the statutory elements, severe prison sentence structures, potential legal defenses, and related Penal Code sections is essential when evaluating charges under this code section.

Legal Definition of PC § 246 

Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not to exceed one year.

Key Statutory Definitions

To fully understand California Penal Code § 246 PC, several core legal terms within the statute carry specific definitions under California law and jury instructions (CALCRIM No. 965):

• "Inhabited": A dwelling house, building, housecar, or camper is "inhabited" if it is currently being used for dwelling purposes, whether occupied at the precise moment of the shooting or not. A structure remains "inhabited" if the occupants have left temporarily (e.g., for vacation or work) with the intent to return. It is uninhabited only if the residents have moved out permanently with no intent to return.

• "Occupied": Unlike dwellings, vehicles and aircraft are "occupied" only if one or more persons are physically inside or on the vehicle at the exact moment the firearm is discharged.

• "Willfully": Acting "willfully" means committing an act willingly or on purpose. It does not require an intent to violate the law, injure someone, or gain any advantage.

• "Maliciously": Acting "maliciously" means intentionally committing a wrongful act or acting with a wanton and willful disregard for human life or safety, or with an unlawful intent to annoy, vex, or injure another person.

• "Firearm": Any device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. This includes handguns, rifles, shotguns, and assault weapons, but excludes BB guns or pellet guns.

What Must Be Proven to Convict

To secure a conviction under California Penal Code § 246 PC, the prosecution must prove each of the following legal elements beyond a reasonable doubt:

• Discharge of a Firearm: You discharged or fired a weapon capable of expelling a projectile through a barrel by the force of an explosion or combustion.

• Target Was a Protected Structure or Vehicle: You aimed or fired directly at an inhabited dwelling, occupied building, occupied vehicle, occupied aircraft, inhabited housecar, or inhabited camper.

• Inhabited or Occupied Status: The dwelling or structure was currently being used for dwelling purposes (even if no one was inside at the precise moment of shooting), or the vehicle/aircraft was currently occupied by one or more persons.

• Willful and Malicious Conduct: You acted intentionally and with malice—meaning you intended to commit a wrongful act or acted with a wanton disregard for human life and safety.

Penalties for PC 246 Conviction

Violating California Penal Code § 246 PC is a serious felony offense carrying mandatory custody terms and severe lifelong collateral consequences. Penalties include:

• State Prison Imprisonment: 3, 5, or 7 years served in California state prison.

• County Jail (Rare In-Lieu Sentencing): A minimum of 6 months up to 1 year in county jail in limited probation-eligible circumstances.

• California Three Strikes Law: PC 246 is classified as a "serious felony" under Penal Code § 1192.7(c), making a conviction a mandatory strike under California's Three Strikes Law.

• Sentence Enhancements: If the shooting results in great bodily injury (GBI) or death, enhanced penalties under PC 12022.53 (the "Use a Gun and You're Done" law) can add 10, 20, or 25-years-to-life in state prison.

• Fines & Restitution: Court fines up to $10,000 plus full financial restitution for property damage or medical costs incurred by victims.

• Collateral Consequences: Permanent lifetime loss of firearm ownership rights, loss of voting rights while serving sentence, severe disciplinary or licensing actions, and deportation or inadmissibility for non-U.S. citizens.

Common Legal Defenses

Challenging a Penal Code § 246 PC charge requires dismantling the prosecution's evidence regarding intent, identification, or the status of the target. Defense strategies include:

Lack of Willfulness or Accidental Discharge

A conviction requires proof that you willfully and maliciously fired the weapon. If the firearm discharged accidentally due to a mechanical malfunction, physical drop, or slip, the required mental state (mens rea) is absent.

Self-Defense or Defense of Others

You are legally permitted to discharge a firearm if you reasonably believe that you or another person face an imminent threat of death or great bodily harm, and shooting at the vehicle or structure was reasonable and necessary to neutralize that threat.

Dwelling Was Uninhabited / Vehicle Was Unoccupied

PC 246 specifically requires that a house or building be "inhabited" (currently used as a dwelling) or a vehicle be "occupied." Firing at an abandoned house, an permanently vacant building, or an empty vehicle does not meet the criteria for PC 246 (though it may constitute PC 247(b) or vandalistic crimes).

Misidentification / False Accusations

Shootings involving houses or vehicles often occur rapidly, at night, or under chaotic conditions, leading to unreliable eyewitness testimony or inaccurate license plate reporting. Defense counsel can present alibi evidence, surveillance video, or forensic ballistics to challenge identity.

Unlawful Search and Seizure

If law enforcement located firearms, shell casings, or physical evidence through warrantless searches, improper vehicle stops, or illegal home entries, your attorney can file a Motion to Suppress Evidence under PC 1538.5 to exclude the evidence.

Hypothetical Examples

• Firing several rounds from a handgun directly into a rival's suburban home during a nighttime neighborhood dispute.

• Discharging a firearm at an occupied passenger vehicle following an aggressive road rage confrontation on a highway.

• Shooting toward an apartment complex balcony while knowing residents are inside, in an attempt to intimidate an individual.

Related California Laws

When prosecutors charge an individual under Penal Code § 246 PC for shooting at an inhabited dwelling or occupied vehicle, they frequently file companion charges or alternative counts based on the shooter's intent, location, or weapon handling.

Key related provisions under the California Penal Code include: 

• Penal Code 246.3 PC – Negligent Discharge of a Firearm: Criminalizes firing a weapon in a grossly negligent manner that could result in injury or death. This serves as a common lesser-included offense and "wobbler" alternative when intentional target targeting cannot be proven.

• Penal Code 247(b) PC – Shooting at an Unoccupied Vehicle or Uninhabited Building: Prohibits discharging a firearm directly at an empty vehicle or vacant structure without owner consent. It is a wobbler punishable as either a misdemeanor or a felony carrying up to 3 years in custody.

• Penal Code 26100 PC – Drive-By Shooting / Shooting From a Vehicle: Prohibits discharging a firearm from inside a motor vehicle or permitting someone else to bring or fire a weapon in your vehicle, punishable by up to 7 years in state prison.

• Penal Code 245(a)(2) PC – Assault with a Firearm: Criminalizes committing an assault upon another person using a firearm, carrying up to 4 years in state prison as a base term.

• Penal Code 664/187 PC – Attempted Murder: Charged alongside PC 246 when prosecutors allege you fired at an occupied structure or vehicle with the specific, deliberate intent to kill a person inside.

• Penal Code 12022.53 PC – Personal Use of a Firearm Enhancement: California's "10-20-Life" law, which adds mandatory consecutive prison terms of 10 years for gun use, 20 years for firing, and 25 years to life if GBI or death occurs.

• Penal Code 186.22 PC – Gang Enhancement: Imposes severe mandatory consecutive prison sentences if the shooting was committed for the benefit of, or in association with, a criminal street gang.

Why Related Laws Matter

Understanding related California firearms statutes is critical because prosecutors rarely charge PC 246 in isolation.

Companion charges and mandatory sentence enhancements (such as PC 12022.53 or gang allegations) dramatically expand total state prison exposure from a 7-year maximum to multi-decade or life sentences.

Evaluating related offenses enables defense attorneys to identify lesser-included options—such as negotiating a reduction to non-strike offenses like PC 246.3 or PC 247(b)—and challenge underlying enhancement allegations.

Frequently Asked Questions (FAQs)

Is Penal Code 246 PC a wobbler in California? While the statute lists county jail phrasing, PC 246 is almost universally prosecuted and treated as a straight felony carrying 3, 5, or 7 years in state prison.

Does a building need to be filled with people to be considered inhabited under PC 246? No, a building or dwelling house is "inhabited" if it is currently used as a place of residence, even if no residents are physically inside at the moment the shots are fired.

How does PC 246 differ from shooting at an unoccupied vehicle under PC 247(b)? PC 246 requires the vehicle to be occupied by a person at the time of the shooting, making it a serious felony strike, whereas PC 247(b) applies to unoccupied vehicles and carries lighter penalties.

Is PC 246 classified as a strike under California's Three Strikes Law? Yes, Penal Code § 246 is explicitly designated as a serious felony under PC 1192.7(c), making a conviction a strike on your criminal record.

Can you be charged with PC 246 if you did not hit the building or vehicle? If you shot at the inhabited building or occupied vehicle, the crime is complete whether your bullets hit the target or missed entirely.

What happens if someone is injured or killed during a PC 246 shooting? If a person suffers great bodily injury or death, prosecutors will file sentence enhancements under PC 12022.53, adding 25 years to life in prison, or file charges for murder (PC 187).

Can a PC 246 conviction be expunged from your record? Because a PC 246 conviction typically results in a state prison sentence, standard expungement under Penal Code § 1203.4 is generally not available unless probation was granted.

How do prosecutors prove you intended to shoot at the building or car? Prosecutors rely on ballistics analysis, trajectory evidence, physical shell casing locations, surveillance video, witness testimony, and electronic communications to establish intent and trajectory.

Eisner Gorin LLP can help you. Schedule your consultation by calling (818) 781-1570 or by using the contact form.

Related Legal Topics

• Federal Gang Laws