California Penal Code 246.3 PC: Negligent Discharge of a Firearm Explained

Being accused of negligently discharging a firearm under California Penal Code § 246.3 PC is a serious criminal offense that can result in substantial jail time, thousands of dollars in fines, and a permanent criminal record.

California enforces aggressive gun safety laws, and state prosecutors heavily pursue cases involving reckless or celebratory gunfire—even if no one was hurt or injured.

Charges under PC 246.3 frequently stem from New Year's Eve or 4th of July celebrations, target practice on private property, or reckless handling in residential neighborhoods.

Because prosecutors only need to show that the intentional discharge created a potential risk of harm, individuals are often surprised to face felony charges for acts where no damage or injury occurred.

If you or a loved one faces allegations under Penal Code 246.3, understanding the legal elements, potential penalties, and available defenses is vital.

What Is the Definition of PC 246.3?

California Penal Code § 246.3 PC makes it illegal to intentionally fire a gun or BB device in a grossly negligent manner that could result in injury or death to another person.

Statutory Text (PC 246.3):

"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."

What Counts as a Firearm or BB Device Under PC 246.3?

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 combustion (e.g., handguns, rifles, shotguns).
BB Device: Any instrument that expels a projectile—such as a BB or pellet—through the force of air pressure, gas pressure, or spring action. While covered under PC 246.3(b), BB device violations are typically prosecuted as misdemeanors.

What Must Prosecutors Prove for a PC 246.3 Conviction?

To convict you under PC 246.3, the prosecution must establish three key elements beyond a reasonable doubt:

You willfully (intentionally) discharged a firearm or BB device.
You fired the weapon in a grossly negligent manner.
The discharge was done in a way that could have resulted in injury or death to another person.

What Makes Conduct "Grossly Negligent" Under California Law?

Gross negligence is significantly more serious than standard carelessness or a simple mistake in judgment. Under California law, gross negligence means acting in a way that is reckless, creates a high risk of death or great bodily injury, and demonstrates a conscious disregard for human life.

How Does Intent Differ From an Accident?

Intentional Pull of the Trigger: PC 246.3 requires that you intentionally pulled the trigger or caused the discharge.
Accidental Discharge: If a gun accidentally misfires due to a mechanical glitch, dropping it, or an unintentional fumble, you have not committed a crime under PC 246.3.
Belief the Gun Was Unloaded: If you genuinely and reasonably believed the weapon was completely unloaded, you lacked the required mental state (mens rea) to act with gross negligence.

Real-World Examples of PC 246.3 Violations

Celebratory Gunfire: Firing a handgun into the air during a midnight holiday celebration in a populated residential neighborhood (falling bullets pose a lethal threat).
Balcony or Courtyard Shooting: Discharging a weapon from an apartment balcony or courtyard into the ground, assuming no one is nearby.
Reckless Handling During an Argument: Firing a "warning shot" into the floor or ceiling inside an occupied house or apartment building.
Non-Example (No Violation): Safely discharging a firearm at an isolated, uninhabited desert shooting area where no other individuals are within miles.

What Are the Penalties for a PC 246.3 Violation?

In California, Penal Code 246.3 PC is a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or a felony based on the level of public danger created, whether gang allegations are involved, and your prior criminal history.

Misdemeanor vs. Felony Penalty Comparison

Charge Level	Custody / Jail Time	Maximum Fines & Probation Terms
Misdemeanor	Up to 1 year in county jail	Up to $1,000 fine; Summary (informal) probation
Felony	16 months, 2 years, or 3 years in county jail	Up to $10,000 fine; Formal (felony) probation
BB Device Violation	Up to 1 year in county jail	Up to $1,000 fine; Misdemeanor treatment only
With PC 186.22 Gang Enhancement	Additional 2, 3, or 4+ years state prison enhancement	Mandatory formal probation/prison; Severe felony strike impact

Collateral Consequences of a PC 246.3 Conviction

Loss of Gun Rights: A felony conviction results in a lifetime prohibition on owning, purchasing, or possessing firearms in California under PC 29800. Misdemeanor convictions carry a 10-year ban.
California Three Strikes Law: Felony PC 246.3 convictions can qualify as a serious felony strike under California's Three Strikes Law if facts show personal use creating imminent danger.
Immigration Consequences: Non-citizens facing felony firearm charges risk deportation, denial of re-entry, or naturalization blocks under federal immigration laws.

How Can You Defend Against PC 246.3 Charges?

An allegation under Penal Code 246.3 does not mean you will be convicted. An experienced criminal defense lawyer can assert several valid defenses:

Self-Defense or Defense of Others: Firing a weapon is legally justified if you reasonably believed that you or someone else was in imminent danger of suffering great bodily injury or death, and you used no more force than necessary.
Accidental Discharge: If the firearm discharged accidentally due to a mechanical breakdown or slipping, the required element of a "willful" act is absent.
No Realistic Risk of Injury or Death: If the weapon was fired in a completely isolated, unpopulated rural area where no human beings could possibly have been harmed, the prosecution cannot satisfy the statutory risk requirement.
Reasonable Belief Firearm Was Unloaded: Demonstrating that you took reasonable steps to verify the weapon was unloaded prior to dry firing can negate gross negligence.
Unlawful Search or Arrest: If law enforcement officers seized your firearm through an unconstitutional search without a warrant or probable cause, your attorney can file a Motion to Suppress Evidence under PC 1538.5.

What Related California Firearm Offenses Are Often Charged?

Prosecutors frequently charge or compare PC 246.3 alongside other statutes depending on the circumstances of the incident:

California Statute	Offense Name	Key Distinction vs. PC 246.3
Penal Code 246 PC	Shooting at an Inhabited Dwelling / Vehicle	Focuses on intentionally shooting at an occupied structure, building, or vehicle (Straight Felony).
Penal Code 417 PC	Brandishing a Firearm or Weapon	Involves displaying or drawing a weapon in a threatening manner without firing it.
Penal Code 29800 PC	Felon in Possession of a Firearm	Penalizes prohibited persons for possessing a firearm, whether or not it is discharged.
Penal Code 25850 PC	Carrying a Loaded Firearm in Public	Focuses on unlawfully carrying a loaded gun in public or inside a vehicle without a permit.
Penal Code 25400 PC	Carrying a Concealed Weapon	Focuses on carrying a concealed handgun on your person or in a vehicle without a CCW permit.
Penal Code 12022.53 PC	"10-20-Life" Firearm Enhancement	A severe sentencing enhancement applied when a gun is used during violent felony crimes.

Frequently Asked Questions (FAQs)

Can I be charged under PC 246.3 if no one was hurt or hit?

Yes. Penal Code 246.3 does not require actual injury or property damage. The prosecution only needs to prove that your conduct created a potential risk that someone could have been injured or killed.

Is an accidental discharge considered a crime under PC 246.3?

No. The law explicitly requires a "willful" (intentional) discharge. If the firearm went off accidentally, dropping it or experiencing a mechanical flaw, you cannot be convicted under this statute.

Does Penal Code 246.3 apply to BB guns and pellet guns?

Yes. Under PC 246.3(b), discharging a BB gun, pellet gun, or air-powered weapon in a grossly negligent manner is illegal, though it is charged as a misdemeanor rather than a felony.

Is negligent discharge of a firearm a felony in California?

PC 246.3 is a "wobbler" offense. Prosecutors decide whether to charge it as a misdemeanor (up to 1 year in jail) or a felony (up to 3 years in custody) based on the danger level and your criminal record.

Can a PC 246.3 charge be reduced or dismissed?

Yes. A skilled defense attorney can negotiate with prosecutors to reduce a felony to a misdemeanor, secure an infraction reduction, or seek full dismissal by proving self-defense, accident, or illegal search procedures.

Will a PC 246.3 conviction cause me to lose my gun rights?

Yes. A felony conviction under PC 246.3 triggers a lifetime firearm prohibition in California. A misdemeanor conviction results in a 10-year prohibition under state law.

How We Can Help You

Facing negligent discharge charges under California Penal Code § 246.3 can be overwhelming, but you don't have to navigate the justice system alone.

At Eisner Gorin LLP, our Los Angeles criminal defense attorneys possess decades of litigation experience and a proven history of obtaining charge reductions and dismissals across Southern California courthouses.

When you partner with our law firm, our team will:

File Aggressive Pre-Trial Motions: If law enforcement violated your Fourth Amendment rights during an unlawful entry or search, we file motions to suppress illegally obtained evidence.
Negotiate Directly with Prosecutors: We present mitigating background facts and legal defense arguments to convince prosecutors to drop felony counts down to misdemeanors or non-firearm offenses.

Protect your record, your rights, and your future. Contact Eisner Gorin LLP today at (818) 781-1570 or submit your case details online to schedule a confidential legal consultation with our defense team.

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