Last Updated on July 2, 2025
Every Forth of July and New Year’s Eve in Vista, you’re bound to hear someone shoot off a gun in celebration, but this activity isn’t just noisy, it’s also dangerous. And because it is dangerous, it’s also illegal under California Penal Code 246.3 (PC), formally known as the “negligent discharge of a firearm.” This criminal charge can even be a felony offense, which is why you should immediately contact a criminal lawyer if you are accused of this serious crime.
What is the Negligent Discharge of a Firearm: 246.3 (PC)?
Whether or not it’s a holiday, you can be charged with a crime if you unlawfully discharge a firearm, meaning it was done in a negligent manner. Holidays are just the most common time for people to misuse their firearms.
The thing that determines whether or not a firearm was negligently discharged is whether or not the weapon was handled in a grossly negligent manner that could result in death or injury to a person. As you can imagine, this definition often creates a legal gray area, which is left to interpretation by the judge. If you are charged with this crime, an attorney can help argue that no negligent handling of the firearm took place or that no one was at risk due to your actions.
Fighting Negligent Discharge Charges
While you can’t claim that you didn’t act in a careless manner or that no one was placed in harm if you fired a handgun off into the air in a crowd of people, most cases are much more subjective. It’s important to recognize that the prosecution must prove both that the firearm was discharged negligently and someone was put at risk due to your actions. As an example, if you own a multi-acre property in Bonsall and there was no one around when shot your gun up in the air to the left without looking, you may have negligently fired the weapon, but no one was put at risk. Similarly, if the discharge of a firearm in a crowd was accidental because the gun misfired or you thought the weapon was empty, this is not considered negligent discharge, so you are not guilty of the crime, even if someone was injured.
On the other hand, if you unarguably, willfully, and negligently discharged a weapon and put others at risk, you may not be best off fighting the charges entirely, but instead, your best course of action will be for your criminal defense lawyer to help negotiate a plea bargain that will minimize the charges or penalties you may face. This is particularly true in cases where someone was injured or killed as a result of the negligent discharge.
Depending on the specifics of the situation, your criminal attorney could also argue that you were acting in self defense.
There are many different defenses to the negligent discharge of a firearm, but you must talk to a defense lawyer before speaking to the police or you could say something that may harm your case later on.
Penalties for 246.3 (PC)
As a misdemeanor, this crime is punishable by no more than one year in the county jail and a fine of $1,000. But as a felony, the negligent discharge of a firearm is punishable by up to three years in prison and $10,000 fines. Additionally, while a misdemeanor will require you to wait ten years before acquiring another firearm, a felony conviction will result in the permanent loss of your Second Amendment rights.
If you have been charged with the unlawful discharge of a gun or any related weapons crime, such as shooting at a dwelling, house or vehicle, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with Peter M. Liss.
