Negligent Discharge of a Firearm - California Penal Code 246.3 PC

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Strong Legal Representation for PC 246.3 Charges in California

If you have been charged with negligent discharge of a firearm in Los Angeles you are facing a wobbler that can be filed as a misdemeanor or a felony and the filing decision is made early. The charge does not require that anyone was hurt or that you fired at a specific person. Firing a weapon negligently or recklessly in a public place or residential area is enough for prosecutors to pursue felony treatment. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms and weapons charges throughout Los Angeles County and gets involved early to challenge the evidence before charges are finalized when possible. Contact our office today at (310) 448-1529 to speak with Attorney Arash Hashemi about your case.

Negligent Discharge of a Firearm Under California Law

Penal Code 246.3 PC makes it a criminal offense to willfully discharge a firearm in a grossly negligent manner that could result in injury or death. The key word is willfully. The discharge must be intentional even if the outcome was not. An accidental discharge caused by a mechanical malfunction or a genuine belief the firearm was unloaded does not satisfy this statute.

California courts apply CALCRIM 246.3 to instruct juries on the elements of this charge. Under that standard the prosecution must prove the defendant intentionally fired a firearm, that the manner of discharge was grossly negligent, and that the discharge could have caused injury or death to another person. All three elements must be proven beyond a reasonable doubt.

The charge is sometimes referred to as unlawful discharge of a firearm in common usage but the correct statutory term is negligent discharge under 246.3(a) PC. The distinction matters because the gross negligence standard is what separates a criminal charge from a civil matter and it is where most defenses are built.

What Gross Negligence Means in a PC 246.3 Case

Gross negligence is a higher standard than ordinary carelessness. It requires conduct that a reasonable person would recognize as creating a high risk of death or great bodily injury. Firing into the air in a residential neighborhood, discharging a firearm at a crowded gathering, or shooting in a direction where people are present all typically satisfy this standard. Firing at a licensed range or in a genuinely isolated area with no one nearby generally does not.

The location and circumstances of the discharge are what the prosecution focuses on. Prosecutors in Los Angeles use the density of the surrounding area, proximity to occupied structures, time of day, and the trajectory of the round to argue gross negligence. Our criminal defense attorney challenges the gross negligence element in every case by presenting the full context of where and how the discharge occurred.

Negligent Discharge of a Firearm Sentence in California

The negligent discharge of a firearm sentence depends on whether the charge is filed as a misdemeanor or a felony. As a misdemeanor a conviction carries up to one year in county jail and fines up to $1,000. As a felony it carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000.

Several enhancements can significantly increase the base sentence:

  • Prior felony conviction: sentence doubles under the Three Strikes law
  • Gang enhancement under PC 186.22: additional consecutive years and potential strike designation
  • Serious bodily injury caused by the discharge: 3 to 6 additional years under PC 12022.7
  • Firearm used in commission of another felony: 3 to 10 additional years under PC 12022.5
  • Defendant was already prohibited from possessing a firearm: separate felony charge under PC 29800

All convictions result in a permanent criminal record, loss of firearm rights on felony conviction, and for non-citizens potential immigration consequences including deportation.

Legal Defenses Against PC 246.3 Charges

The Discharge Was Not Willful

The prosecution must prove the trigger was pulled intentionally. When the firearm discharged due to a mechanical malfunction, a misfire, or when the defendant genuinely believed the weapon was unloaded the willfulness element cannot be established. This is the most direct defense when the facts support it and our criminal defense attorney examines the condition of the firearm, the circumstances of the discharge, and any forensic evidence bearing on whether the trigger was deliberately pulled.

No Gross Negligence

Even when the discharge was intentional the prosecution must prove it was grossly negligent. When the firearm was discharged in a genuinely isolated location with no one present or in circumstances a reasonable person would not recognize as dangerous the gross negligence standard is not met. Our criminal defense attorney presents independent evidence of the location, the surrounding conditions, and the actual risk level at the time of the discharge.

Lawful Use of Force in Self Defense

Firing a weapon to protect yourself or another person from imminent danger is not a crime. When the discharge occurred in response to a genuine threat of death or great bodily injury and the use of force was reasonable under the circumstances the charge cannot stand. Our criminal defense attorney builds the self defense argument through the defendant’s account, witness statements, and any evidence of the threat that prompted the discharge.

Suppression of the Firearm and Physical Evidence

When the firearm or other evidence was discovered through an unlawful stop, a warrantless search, or a search that exceeded its authorized scope our criminal defense attorney files suppression motions immediately. Without the physical firearm or the evidence connecting the defendant to the discharge the prosecution cannot meet its burden.

Frequently Asked Questions About PC 246.3 Charges

What is the sentence for negligent discharge of a firearm in California? A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. A felony conviction carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000. Sentence enhancements for gang involvement, prior strike convictions, or bodily injury caused by the discharge can add significant additional time on top of the base term.

Is PC 246.3 a misdemeanor or felony in California? It is a wobbler. The District Attorney decides based on the circumstances of the discharge, the location, whether anyone was injured, and the defendant’s prior criminal history. Our criminal defense attorney engages with prosecutors early in every eligible case to argue for misdemeanor treatment before the filing decision is finalized.

What is the difference between negligent discharge and discharging a firearm in public? Discharging a firearm in public under PC 417 typically involves brandishing or firing a weapon in a threatening manner toward another person. Negligent discharge under PC 246.3 focuses on grossly reckless conduct that creates a risk of injury regardless of whether it was directed at anyone. Both charges can arise from the same incident and are sometimes filed together depending on the circumstances.c

Contact a Los Angeles Unlawful discharge of a weapon attorney

Negligent discharge of a firearm in California is a serious charge that can result in felony conviction, state prison time, and the permanent loss of firearm rights. With over 20 years of experience defending clients against firearms charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the evidence, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing firearms charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.