California has arguably the harshest gun laws in the country. The need to protect lives informs most gun laws, including the statute against negligently discharging a firearm. Though the incident could have been accidental, legally, your actions violate Penal Code 246.3. If convicted of negligently discharging a firearm, you risk facing significant penalties, including imprisonment and fines. Additionally, your conviction will also affect your future. Thus, securing employment, credit, or housing could be difficult.

As tough as the charges seem, we can help. Our team of attorneys at California Criminal Lawyer Group is ready to assist you should you face PC 246.3 violation charges in Santa Ana. Call us today for more information.

Negligent Discharge of a Firearm Under California Law

Under Penal Code 246.3, it is a crime to willfully and maliciously discharge a firearm in a manner that could likely result in harm or the death of another person. Like in all criminal cases, prosecutors bear the burden of proving their case. Therefore, the jury will only convict you if it is satisfied that the state established the following elements beyond a reasonable doubt:

  • You deliberately fired the gun or BB gun,
  • You fired the firearm with gross negligence, and
  • The discharge could have resulted in another person’s injury or death.

Intentional Discharge

 PC 246.3 requires that the defendant act with a specific purpose or intent to discharge a firearm. In other words, the defendant must have consciously decided to fire the weapon. Intentional does not necessarily mean premeditated or planned. The defendant does not have to have intended to harm a specific person or group.

You could be found to have acted with intent even if you did not have a specific desire to cause injury or harm. If you acted with a wanton disregard for the safety of others, this could also constitute intentional conduct for the purposes of PC 246.3.

Note: You can be found guilty of the offense even if you believed the firearm was unloaded. The crucial factor in this violation is gross negligence, which implies that you acted with extreme carelessness toward the safety of others. In case you were aware or ought to have been aware of the potential danger or harm arising from your conduct and still demonstrated a complete disregard for it, the jury might rule you guilty.

Firearms and BB Guns

 According to California legislation, a "firearm" refers to any mechanism specifically created to launch a projectile by utilizing the force of combustion or another type of explosion through a barrel. This incorporates pistols, rifles, shotguns, and other comparable armaments.

A "BB device" is also covered under California law. The law defines a firearm as any instrument that expels a projectile, like a BB or pellet, through the force of gas pressure, air pressure, or spring action. This includes BB guns, pellet guns, and airsoft guns.

Gross Negligence

 As per California regulations, "gross negligence" denotes a more severe level of carelessness or recklessness than "ordinary negligence." It entails a significant deviation from the typical standard of care that a rational individual would employ in the same circumstances.

In the context of PC 246.3, "gross negligence" denotes that the accused behaved differently from how a prudent person would have acted in the same situation. For example, if you were handling a loaded firearm recklessly or carelessly, like waving it around or pointing it at others, and then you discharged the gun in the group's direction, you could be found guilty.

An individual acts with gross negligence when he/she demonstrates a lack of concern for human life or shows apathy toward the outcome of their conduct.

The Potential of Your Actions Resulting in the Death of Another

 You could be accused of negligently shooting a weapon if you discharged a firearm intentionally or with gross negligence in a way that could have resulted in someone's injury or death. This implies that the offense can occur even if no one sustains injuries or fatalities. Instead, prosecutors should prove that there was a risk of injury or death from the defendant's actions.

Under PC 246.3, the prosecution does not need to prove that the injury or death resulting from your actions was likely to occur. Instead, the prosecution must show that the discharge of the firearm or BB device could cause injury or death.

Instances of actions that give rise to the possibility of harm or death consist of the following:

  • Firing a gun in a residential area.
  • Firing a gun into the air.
  • Firing a BB device at a person or animal.
  • Engaging in target practice in a populated area.
  • Firing warning shots.
  • Firing a firearm in another person’s direction.

Fighting Negligent Discharge of a Firearm Charges

As tough as the gun laws are, defendants can still challenge PC 246.3 violation charges. The circumstances of your case determine what defense strategy to use. Additionally, your attorney will settle on the defense that will secure the best legal outcome. Some of the common defense strategies used in PC 246.3 violation cases include the following:

     a) Lack of Intent

A lack of intent defense in a PC 246.3 case involves arguing that the defendant did not intend to fire the gun or BB device. Alternatively, the defendant could assert that they genuinely believed the gun or BB device was unloaded. For example, if the defendant was cleaning a gun and it accidentally discharged, his/her actions were not intentional. The discharge was accidental.

To make this argument, you must demonstrate that you took reasonable steps to ensure that the gun or BB device was unloaded, for example, by checking the chamber and the magazine.

You could avoid a conviction if you successfully assert a lack of intent defense. However, even if you did not intend to fire the gun or BB device, you could still be liable for any injuries or damages that resulted from your actions.

     b) Lack of Gross Negligence

This defense is appropriate if you took reasonable precautions to prevent the discharge. Conversely, you can contend that you did not behave with gross negligence. Therefore, you did not present a substantial threat of harm or fatality.

For example, using a gun in a safe and controlled environment, like at a shooting range or on private property with a proper backstop. There would be no gross negligence if you were operating in this environment. However, you should have followed the regulations within the controlled environment.

Likewise, if you inadvertently fired a BB gun into a cushioned surface, like a mattress or sofa, and no one was nearby, your conduct did not present a considerable threat of harm or fatality. It is worth noting that having a history of responsible gun use and never exhibiting reckless or dangerous behavior helps your case.

To prove the lack of gross negligence, defense attorneys present evidence demonstrating that the defendant's conduct was not so different from what an ordinarily careful person would do in the same situation. This involves testimony from expert witnesses, like firearms instructors or safety experts, who can testify to what constitutes reasonable and responsible gun use.

Moreover, defense lawyers could dispute the prosecution's proof and contentions by cross-examining witnesses or introducing evidence challenging the prosecution's narrative.

Note: This defense can be challenging to assert, as California law sets a high bar for what constitutes gross negligence.

     c) Self-defense or Defense of Others

You could argue that your actions were justified if you discharged the firearm or BB device to protect yourself or others from harm.

The "castle doctrine" is a legal concept that permits an individual to employ lethal force to protect their residence or belongings from an intruder or assailant. The "castle doctrine" presumes that an individual has a justifiable fear of impending injury or death if an unauthorized person enters their residence. They are authorized to employ force, which may involve deadly force, to safeguard themselves and their belongings.

Typically, the use of lethal force is authorized solely when you are defending yourself or another. A rational belief that you or someone else is in immediate danger of suffering severe physical harm or death is required in this scenario. In determining whether the use of force was reasonable, the jury will consider that force was used to defend your home or property. However, it is not a blanket defense against the use of deadly force.

You need to provide evidence that you reasonably believed that you or someone else was in imminent danger of death or serious bodily harm. Only then will self-defense or the defense of others' claims work. Additionally, you must demonstrate that using the firearm or BB device was required to safeguard yourself or others.

To build a strong self-defense case, attorneys must challenge the prosecution's evidence and witness testimony.  Defense attorneys are required to provide evidence and expert testimony to support their client's version of events. This can involve an extensive investigation, interviewing witnesses and other parties involved, and conducting forensic analyses of physical evidence.

Note: This defense is particularly relevant in cases where the defendant discharged the firearm or BB device in response to an intruder or attacker.

     d) Accidental Discharge

A defense attorney can argue that your actions were not criminally negligent if the discharge of the firearm was genuinely accidental. You did not intentionally fire the weapon, and no gross negligence was involved. The defense attorney can present evidence that you did not intend to discharge the firearm and did not act with gross negligence, including expert testimony regarding handling firearms or witness testimony regarding the incident's circumstances.

For example, witness testimony from someone present during the discharge can help establish whether you handled the firearm in a manner consistent with an accidental discharge, like fumbling with or dropping the weapon. The bullet's trajectory or the firearm's location at the time of firing can offer significant clues about the discharge's nature.

Testimony from firearms or ballistics experts can also be crucial in establishing whether the discharge was accidental or intentional. Defense attorneys can inspect the gun and other physical evidence to ascertain any mechanical problems with the weapon or if some external factor beyond your control may have caused the discharge.

Even if you discharged the firearm accidentally, you could face accusations of carelessly discharging a gun. However, your actions should have been grossly negligent. Additionally, an unintentional firearm discharge can still result in civil liability for damages or injuries caused by the shot.

Penalties Under Penal Code 246.3

Negligent discharge of a firearm is a wobbler offense. You can either face misdemeanor or felony penalties for the violation. After reviewing the circumstances of the case, your criminal history, and the weapon used, prosecutors will decide which charges to pursue.

Note: If your case involves using a BB gun instead of a firearm, you will face misdemeanor charges.

A conviction on misdemeanor charges is punishable by the following penalties:

  • Summary or misdemeanor probation instead of jail time.
  • Up to one year in jail and/or
  • A maximum fine of $1,000.

A conviction on felony charges is punishable by the following penalties:

  • Formal or felony probation instead of time in prison.
  • A jail sentence of 16 months, 2 or 3 years — You will serve jail and not a prison sentence because of the California realignment program, AB 109, and/or
  • A maximum fine of $10,000.

Entence Enhancements

There are sentencing enhancements for violating PC 246.3. They include the following:

  • An additional 3, 4, or 10 years if the shooting results in injuries to another person.
  • An additional 25 years to life if the shooting results in the death of another person.

Note: In a careless discharge of a firearm case, the additional penalties stated in Penal Code 12022.53 for the personal use of a gun in the commission of a felony do not apply.

Immigration Consequences

Gun violations, including negligent firearm discharge, are crimes involving moral turpitude (CIMT). Crimes involving moral turpitude refer to offenses involving fraud, deceit, or intentional dishonesty for personal gain. It can also include crimes involving violence or a threat of violence. Additionally, offenses considered morally reprehensible by the community form part of the list.

PC 246.3 violations pose a significant risk to human life. Thus, the offense has the potential for violence.

Convictions for this offense could negatively impact non-citizens. Immigration consequences are likely if a non-citizen is found guilty. Inadmissibility, deportation, or refusal of naturalization are some of the possible repercussions.

Note: The immigration ramifications of a CIMT conviction differ based on the facts of the case and the non-citizen's immigration status. Non-citizens facing criminal accusations should speak with an expert immigration attorney about the immigration repercussions of a conviction.

Impact on Gun Rights

A conviction for PC 246.3 can have an impact on gun rights. Under Penal Code 29800, any person convicted of a felony is prohibited from possessing firearms. If convicted of a felony violation under PC 246.3, you will lose the right to possess firearms.

If you are found in violation of PC 29800, you could face additional penalties. These include the following:

  • Formal or felony probation.
  • Custody in jail for up to three years and/or
  • A fine of up to $10,000.

Civil Action in a Case Involving a Negligent Discharge of a Firearm

A civil case filed by a victim of a negligent firearm discharge does not rely on criminal proceedings. The two proceedings are independent and serve different purposes. The state prosecutes the criminal case with the aim of securing the maximum sentence. On the other hand, the victim of the careless firearm discharge files a civil complaint against the culprit. The civil suit seeks compensation for any injuries or losses the victim sustained due to the defendant’s actions.

The victim bears the burden of showing that the defendant's acts caused their injuries or damages in a civil proceeding.

Crimes Related to the Negligent Discharge of a Firearm

     a) Shooting at an Occupied Car or Inhabited Dwelling

Penal Code 246 makes shooting at an inhabited residence or occupied car illegal and a felony offense. Specifically, PC 246 prohibits shooting a firearm at an inhabited residence, an occupied vehicle, or an aircraft.

The jury will only convict if the prosecution proves that:

  • The defendant shot a firearm,
  • The firearm was capable of causing injury or death,
  • The defendant knew or should have known that a person was inside the inhabited dwelling, occupied car, or occupied aircraft.
  • The defendant acted willfully and maliciously when shooting the firearm.

If convicted of this offense, the penalties include the following:

  • Formal or felony probation.
  • Six months to one year in jail OR a prison sentence for three, five, or seven years and/or
  • A maximum fine of $10,000.

Additionally, a conviction for shooting at an inhabited dwelling or an occupied car will result in sentence enhancements, as detailed below.

  • Great bodily injury — If the shooting results in significant bodily injury to a victim, you could face a further three to six years in prison. (PC 12022.7).
  • Gang enhancement — If the shooting was committed at the direction of, for the benefit of, or in association with a criminal street gang, you could face a further two to 15 years in prison. (PC 186.22).
  • Personal use of a firearm — You could face a further 3 to 10 years in prison for personally using a firearm during the commission of the offense (PC 12022.5).
  • “10-20-life use a gun and you’re done” law — You could face an additional 10 years, 20 years, or life in prison if:
  1. If you intentionally fire a firearm at an inhabited residence or occupied structure and,
  2. As a direct result, someone who is not involved in the crime suffers great bodily harm or death.
  • A strike on your record per the Three Strikes Law.

     b) Brandishing a Weapon

It is a crime under Penal Code 417 to draw or display any fatal weapon in an angry, unpleasant, or threatening manner. It is also a crime to hold any instrument or weapon in a way that someone reasonably fears being injured. The offense is referred to as "brandishing a weapon,"

Prosecutors can pursue misdemeanor or felony charges, depending on the circumstances. To prove a PC 417 charge, the prosecution must establish the following elements beyond a reasonable doubt:

  • The defendant drew or exhibited a deadly weapon in the presence of a third party,
  • The defendant did so in a threatening, rude, or angry manner and
  • The defendant did not act in self-defense or defense of others.

It is not necessary that the defendant intended to use the weapon or that anyone was threatened or injured. It is enough if the gun was drawn or exhibited in a way that would create a fear of harm in the mind of an ordinary person.

The following are the penalties outlined under PC 417:

  • For a misdemeanor offense, up to one year in jail.
  • For a felony, up to three years in prison.

Contact a Criminal Defense Attorney Near Me

Facing PC 246.3 charges can be a daunting and overwhelming experience. However, your chances of a successful case outcome significantly improve with the right attorney. You must find an experienced criminal defense attorney who understands weapons regulations and can provide the best possible defense.

Consider an attorney's expertise in handling similar cases, track record of success, and overall approach to defending clients when looking for one. Ask questions, clarify any concerns, and understand the potential outcomes and consequences of the charges you are facing.

Remember, time is of the essence when facing criminal charges. It is best to act quickly and seek legal representation immediately. Contact the California Criminal Lawyer Group if you or someone you know is facing PC 246.3 charges in Santa Ana. We will guide and support you during this challenging time. Contact our team today at 714-844-4151.