California Penal Code 26100 – Drive-By Shooting 

Overview 

Penal Code 26100 PC criminalizes both discharging a firearm from a vehicle and allowing someone else to bring or use a gun in your vehicle. Often referred to as “drive-by shooting,” this law targets gang-related or retaliatory shootings—but can be charged in any case where shots are fired from a car. 

You can be charged under PC 26100 even if you never pulled the trigger, simply by being the driver or owner of the car involved. 

At Jones Trial Attorneys, we challenge drive-by shooting charges by attacking the reliability of witness IDs, disputing intent or knowledge, and separating our client’s actions from those of others involved. 

Legal Definition 

Penal Code § 26100 outlines several criminal acts: 

1. Allowing someone to bring a firearm into your vehicle (PC 26100(a)); 

2. Knowingly allowing someone to discharge a firearm from your vehicle (PC 26100(b)); 

3. Willfully discharging a firearm from a vehicle (PC 26100(c)); and 

4. Shooting at someone from a vehicle (PC 26100(d)). 

Each subsection carries increasing penalties based on the level of involvement and the risk or harm caused. 

Elements of the Crime 

To convict under PC 26100, the prosecution must prove: 

• You knowingly allowed or participated in someone bringing or firing a firearm from your vehicle; or 

• You personally fired a gun from inside a vehicle; and 

• The act was done willfully or with intent to cause fear or harm. 

It does not require that anyone was injured—only that a firearm was discharged. 

Penalties for PC 26100 

Allowing someone to bring or fire a gun in your car (PC 26100(a)-(b)): 

• Misdemeanor 

• Up to 6 months in jail and a $1,000 fine 

Personally firing a gun from a vehicle (PC 26100(c)): 

• Felony 

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

Shooting at another person from a vehicle (PC 26100(d)): 

• Felony 

• 3, 5, or 7 years in prison 

• Potential strike offense under the Three Strikes Law 

Additional enhancements apply if anyone is injured or killed. 

Defenses to Drive-By Shooting Charges 

Common defenses we assert in these cases include: 

• You didn’t know a passenger had a firearm 

• You weren’t the driver or owner of the vehicle 

• You were not present during the shooting 

• You didn’t fire the weapon (disputing eyewitness testimony) 

• You acted in self-defense or defense of others 

• Police misconduct or unlawful search and seizure 

We also seek to have charges reduced or enhancements struck based on lack of evidence or mitigating circumstances. 

Immigration and Collateral Consequences 

A PC 26100 conviction—especially as a felony—can: 

• Lead to deportation or denial of citizenship 

• Trigger firearm bans 

• Disqualify individuals from jobs involving public safety or security 

• Result in parole restrictions and gang-related enhancements 

Related Offenses 

• PC 246 – Shooting at an Inhabited Dwelling 

• PC 245 – Assault with a Deadly Weapon 

• PC 186.22 – Gang Enhancement 

• PC 187 – Murder (if someone is killed) 

How Jones Trial Attorneys Can Help 

Drive-by shooting charges are serious and complex. Whether you were a passenger, a driver, or falsely accused, we fight to challenge witness statements, suppress unlawful evidence, and separate your actions from others involved. 

💼 Free consultations 

⚖️ Proven defense in serious firearm and gang-related cases 

📍 Based in San Diego, with statewide reach 

Charged in a Drive-By Shooting Case? Call Immediately. 

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