§ 246.3

Grossly negligent discharge of a firearm

Up to 1 year+ Weapons & Terrorism Ch. 9 · Assault and Battery

Official text prohibited actmental stateif conditionpenaltylegal term

(a) Except as otherwise authorized by law, any person who discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(b) Except as otherwise authorized by law, any person who discharges a BB device in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year.

(c) As used in this section, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action.

History: Amended by Stats. 2011, Ch. 15, Sec. 300. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.

Simplified explanation

Willfully discharging a firearm or BB device in a grossly negligent manner that could result in injury or death is punishable by county jail up to one year, or for a firearm also under Section 1170(h).