California Penal Code § 247(b) PC – Shooting at an Unoccupied Vehicle or Uninhabited Dwelling

California Penal Code § 247(b) PC makes it a public offense to discharge a firearm at an unoccupied motor vehicle, an uninhabited building, or an uninhabited dwelling house.

While less severe than shooting at an occupied structure or vehicle under Penal Code § 246, a violation of PC 247(b) is still aggressively prosecuted due to the inherent dangers of discharging firearms in public or residential areas.

As a "wobbler" offense in California, PC 247(b) can be charged as either a misdemeanor or a felony depending on the circumstances of the incident and the defendant's criminal history.

Legal Definition of PC § 247(b)

Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.

Key Statutory Definitions (CALCRIM No. 966)

Under California Judicial Council Criminal Jury Instructions CALCRIM No. 966 (Shooting at Uninhabited House or Unoccupied Motor Vehicle), the following terms carry specific legal definitions for the purposes of Penal Code § 247(b) PC:

• Firearm: Any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion (Pen. Code, § 16520). Handguns, rifles, shotguns, and revolvers all qualify.

• Willfully: Acting willingly or on purpose. It does not require an intent to break the law, hurt someone else, or gain any advantage.

• Uninhabited House or Building: A structure where no person currently resides or uses as a dwelling. Unlike PC 246 (where a home is still considered "inhabited" if residents are only temporarily away), an "uninhabited" property under PC 247(b) has no active occupants or residents living there.

• Unoccupied Motor Vehicle: A motor vehicle (as defined under Vehicle Code § 415) that contains no human occupants at the precise time of the firearm discharge.

• Owner Permission (Statutory Exception): Express consent granted by the legal owner of the property or vehicle to discharge the firearm at the target. If the defense raises this, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant lacked owner permission.

What Must Be Proven to Convict

To secure a conviction under California Penal Code § 247(b) PC, the prosecution must establish each of the following legal elements beyond a reasonable doubt:

• Discharge of a Firearm: You discharged a firearm (a device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or combustion).

• Target Was Unoccupied or Uninhabited: You aimed or directed the firearm discharge at an unoccupied motor vehicle, an uninhabited building, or an uninhabited dwelling house.

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

• Lack of Owner Permission: You discharged the firearm without the prior consent or express permission of the vehicle or property owner.

Penalties for PC 247(b) Conviction

Penal Code § 247(b) PC is a "wobbler" under California law, meaning prosecutors can file charges as a misdemeanor or a felony based on the facts of the case and the defendant's prior criminal record.

Misdemeanor Penalties

• County Jail: Up to 1 year in county jail.

• Fines: Up to $1,000 in statutory court fines plus penalty assessments.

• Probation: Summary (informal) probation with potential conditions such as community service or firearm forfeiture.

Felony Penalties

• State Prison: 16 months, 2 years, or 3 years served in California state prison (or county jail under PC 1170(h)).

• Fines: Up to $10,000 in statutory court fines.

• Formal Probation: Felony probation accompanied by mandatory reporting and potential custody time.

Restitution and Gun Rights

• Victim Restitution: Mandatory restitution paid directly to the owner to repair physical damage to the vehicle or structure.

• Loss of Firearm Rights: A felony conviction under PC 247(b) results in a permanent lifetime prohibition on owning, possessing, or purchasing firearms under state and federal law.

• Immigration Consequences: Felony firearm offenses can lead to adverse immigration status, including deportation or inadmissibility for non-U.S. citizens.

Common Legal Defenses

A skilled criminal defense attorney can employ several legal strategies to fight charges under Penal Code § 247(b) PC:

Express Permission of the Owner

Penal Code § 247(b) explicitly excludes acts conducted with the owner's permission. If the vehicle or property owner granted you consent to shoot at the unoccupied structure or abandoned vehicle before the firing occurred, you are not guilty under this statute.

Accidental Discharge / Lack of Malice

A conviction requires that the discharge be willful and malicious. If the weapon discharged accidentally due to a mechanical malfunction, physical slip, or drop, the essential mental intent element is absent.

Target Was Inhabited or Occupied (Wrong Charge)

If a structure was actually inhabited (someone lived there, even if temporarily away) or a vehicle was occupied, PC 247(b) does not apply. While prosecutors might try to upgrade the charge to PC 246, showing a lack of clear evidence of occupancy can undermine the prosecution's theory.

Self-Defense or Defense of Others

If you fired at a vehicle or structure while acting under a reasonable belief that you or another person faced an imminent threat of great bodily harm or death, the act is legally justified.

Mistaken Identity or False Accusations

Gunfire incidents often occur in dark or chaotic settings. Eyewitness misidentification, lack of physical forensic evidence linking you to the weapon, or false statements can lead to wrongful arrest.

Hypothetical Examples

• Firing a newly purchased rifle into an abandoned, rusty pickup truck located on public land without authorization.

• Discharging a handgun into the exterior wall of a permanently vacant warehouse during a late-night argument.

• Shooting several rounds at an empty, unused barn on rural property without obtaining the property owner's consent.

Related California Laws

When prosecutors charge an individual under Penal Code § 247(b) PC, they often consider companion offenses or alternative counts based on the shooter's intent, the incident location, and whether any occupants were present. Key related provisions under the California Penal Code include:

• Penal Code 246 PC – Shooting at an Inhabited Dwelling or Occupied Vehicle: A straight felony penalty targeting gunfire directed at structures where residents currently live or vehicles with passengers present. Unlike PC 247(b), a PC 246 conviction carries up to 7 years in state prison and is classified as a serious felony strike.

• Penal Code 246.3 PC – Negligent Discharge of a Firearm: Criminalizes discharging a firearm in a grossly negligent manner that could result in injury or death. It is a wobbler offense frequently charged alongside PC 247(b) or offered as a plea bargain alternative.

• Penal Code 594 PC – Vandalism: Prohibits maliciously damaging, defacing, or destroying another person's property. If bullet strikes cause damage under $400, it is charged as a misdemeanor; damages exceeding $400 can be charged as a felony.

• Penal Code 26100 PC – Drive-By Shooting / Shooting From a Vehicle: Prohibits discharging a firearm from inside a motor vehicle at another person, vehicle, or structure. Depending on the circumstances, it can be charged as a misdemeanor or a multi-year felony.

• Penal Code 29800 PC – Felon in Possession of a Firearm: Criminalizes owning, purchasing, or possessing any firearm if you have a prior felony conviction. This is commonly added as an underlying felony count when a prohibited person is accused under PC 247(b).

• Penal Code 25850 PC – Carrying a Loaded Firearm in Public: Makes it illegal to carry a loaded firearm on your person or in a vehicle in a public place or prohibited area without a valid concealed carry permit.

Why Related Laws Matter

Understanding related California firearm statutes is critical because charges under PC 247(b) rarely exist in isolation during criminal investigations. Distinguishing between PC 247(b) and higher-tier offenses like PC 246 determines whether a charge carries a mandatory strike or is eligible for wobbler reduction.

Evaluating companion charges—such as PC 246.3 or PC 594—also gives criminal defense attorneys critical leverage to negotiate felony counts down to misdemeanors, avoid firearm ownership bans, and eliminate potential state prison exposure.

Frequently Asked Questions (FAQs)

Is Penal Code 247(b) PC a felony or a misdemeanor?

PC 247(b) is a wobbler offense in California, meaning the prosecutor can file it as either a misdemeanor (up to 1 year in jail) or a felony (up to 3 years in state prison).

What is the main difference between PC 246 and PC 247(b)?

PC 246 involves shooting at an inhabited building or occupied vehicle and is a straight felony strike, whereas PC 247(b) involves unoccupied vehicles or uninhabited structures and is a wobbler.

Can you shoot at an old car on your own private property under PC 247(b)?

If you own the vehicle and property, PC 247(b) does not apply because you have owner permission; however, local municipal discharging ordinances or PC 246.3 (grossly negligent discharge) may still apply.

Does an abandoned house count as an uninhabited dwelling under PC 247(b)?

Yes, shooting at an abandoned or vacant house that has no current residents falls directly under PC 247(b).

Is PC 247(b) considered a strike under California's Three Strikes Law?

No, a standard PC 247(b) conviction is not automatically classified as a serious or violent felony strike, unlike PC 246.

Can you be convicted of PC 247(b) if the gun went off accidentally?

No, PC 247(b) requires willful and malicious intent. An accidental discharge lacks the required mental state for conviction.

What if you thought the vehicle was abandoned but it belonged to someone else?

Unless you had the actual owner's permission to shoot at the vehicle, discharging a firearm at someone else's vehicle remains illegal under PC 247(b) regardless of its condition.

Can a felony PC 247(b) conviction be reduced to a misdemeanor later?

Yes, if you are convicted of felony PC 247(b) and granted probation, your defense attorney can petition the court under Penal Code § 17(b) to reduce the offense to a misdemeanor after you successfully complete probation.

The criminal defense attorneys at Eisner Gorin LLP can help you. Schedule your consultation by calling (818) 781-1570 or using the contact form. Our law firm is based in Los Angeles.