California Penal Code 246.3 – Negligent Discharge of a Firearm

Overview

Penal Code 246.3 PC makes it a crime to willfully and negligently discharge a firearm or BB device in a manner that could result in injury or death. It’s often charged in cases involving celebratory gunfire, accidental firing in public, or shooting in unsafe conditions.

This offense is taken seriously by prosecutors—even when no one is hurt—because of the potential risk to public safety. Depending on the facts, PC 246.3 can be charged as either a misdemeanor or a felony, and may trigger sentencing enhancements or firearm prohibitions.

At Jones Trial Attorneys, we approach firearm cases with skill, discretion, and trial-tested defense strategies to protect your rights and your record.

Legal Definition

Under Penal Code § 246.3, a person is guilty of negligent discharge when they:

“Willfully discharge a firearm in a grossly negligent manner which could result in injury or death to a person.”

This law applies to:

• Firearms (PC 246.3(a))

• BB guns or pellet guns (PC 246.3(b))

Elements of the Crime

To convict someone under PC 246.3(a), the prosecution must prove:

1. You willfully discharged a firearm;

2. You did so in a grossly negligent manner; and

3. The discharge could have caused injury or death to another person.

Gross negligence is more than ordinary carelessness—it means a reckless disregard for human safety.

Penalties for PC 246.3

PC 246.3(a) (firearm discharge) is a wobbler offense.

If charged as a Misdemeanor:

• Up to 1 year in county jail

• Fines up to $1,000

• Probation with firearm safety conditions

If charged as a Felony:

• 16 months, 2 years, or 3 years in state prison

• Up to $10,000 in fines

• Formal probation

• 10-year firearm prohibition

PC 246.3(b) (BB gun discharge) is always a misdemeanor, with penalties of:

• Up to 1 year in jail

• Community service or gun safety courses

Defenses to PC 246.3 Charges

We explore every angle when defending negligent discharge cases. Common defenses include:

• No willful discharge – The firearm discharged accidentally (e.g., mechanical failure)

• No gross negligence – The conduct was careless but not criminally reckless

• Self-defense or defense of others

• No risk of injury – The discharge occurred in a remote or controlled area

• Unlawful search or seizure – The weapon was discovered through a rights violation

Immigration and Employment Consequences

A conviction under PC 246.3 can:

• Trigger firearm bans under state and federal law

• Jeopardize immigration status as a potential crime of violence

• Affect employment or professional licensing—especially for military, law enforcement, or security careers

Related Offenses

• PC 246 – Shooting at an Inhabited Dwelling or Vehicle

• PC 417 – Brandishing a Weapon

• PC 29800 – Felon in Possession of a Firearm

• PC 12022.5 – Firearm Enhancements

How Jones Trial Attorneys Can Help

We approach negligent discharge cases with precision and urgency. These cases often hinge on ballistics evidence, witness credibility, and legal definitions of negligence. Our firm has successfully defended firearm charges both pre-trial and at jury trial.

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Talk to a Firearm Defense Attorney Today

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