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

Overview 

Penal Code 246 PC makes it a felony to willfully and maliciously discharge a firearm at an inhabited home, occupied vehicle, or occupied building. This is one of California’s most serious gun offenses—even if no one is injured—and it can lead to lengthy prison sentences, sentencing enhancements, and strike consequences. 

At Jones Trial Attorneys, we don’t take firearm allegations at face value. We investigate every detail, challenge assumptions about intent and occupancy, and fight for dismissals or reduced charges whenever possible. 

Legal Definition 

Under Penal Code § 246, it is a crime to: 

“Maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar… or inhabited camper.” 

Key definitions: 

• “Inhabited” means someone lives there, even if not present at the time. 

• “Occupied” means a person was inside the vehicle or structure during the shooting. 

Elements of the Crime 

To convict under PC 246, the prosecution must prove: 

1. You willfully and maliciously discharged a firearm; 

2. You did so at one of the structures or vehicles listed above; 

3. The structure or vehicle was inhabited or occupied at the time. 

Intent to hit the building is required—not necessarily to hit a person inside. 

Penalties for PC 246 

PC 246 is a felony offense. 

• State prison term of 3, 5, or 7 years 

• A strike offense under California’s Three Strikes Law 

• Up to $10,000 in fines 

• Possible gang or firearm enhancements (adding 10 years or more) 

• Loss of gun rights 

In cases where no one was injured and the defendant has no prior strikes, probation may be possible—but not guaranteed. 

Defenses to PC 246 Charges 

Common defenses we use in PC 246 cases include: 

• Mistaken identity – Eyewitness errors are common, especially in chaotic scenes 

• No inhabited or occupied target – The structure or vehicle was not lawfully inhabited or occupied 

• No willful discharge – The firearm went off accidentally 

• Lack of malicious intent – The shooting wasn’t targeted at the structure 

• Self-defense – If someone was firing at you or threatening your life 

Immigration and Employment Consequences 

PC 246 is a violent felony, and can result in: 

• Immediate deportation or inadmissibility 

• Loss of government clearance, security credentials, or state licensure 

• Firearm bans and registration as a violent offender 

We explore immigration-safe resolutions for eligible clients. 

Related Offenses 

• PC 245 – Assault with a Firearm 

• PC 246.3 – Negligent Discharge of a Firearm 

• PC 26100 – Drive-By Shooting 

• PC 186.22 – Gang Enhancement 

How Jones Trial Attorneys Can Help 

When you’re accused of shooting at a structure or vehicle, the stakes couldn’t be higher. We bring experience, trial skill, and tactical investigation to every gun case we handle—and we don’t back down when your freedom is on the line. 

💼 Free consultations 

⚖️ Firearm and violent crime defense experts 

📍 Serving San Diego and surrounding counties 

Talk to a Criminal Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.