California Codes

Cal. Penal Code § 12022.53 (2026)

✓ current as of May 2026

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(a)This section applies to the following felonies:

(1)Section 187 (murder).

(2)Section 203 or 205 (mayhem).

(3)Section 207, 209, or 209.5 (kidnapping).

(4)Section 211 (robbery).

(5)Section 215 (carjacking).

(6)Section 220 (assault with intent to commit a specified felony).

(7)Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter).

(8)Section 261 or former Section 262 (rape).

(9)Section 264.1 (rape or sexual penetration in concert).

(10)Section 286 (sodomy).

(11)Section 287 or former Section 288a (oral copulation).

(12)Section 288 or 288.5 (lewd act on a child).

(13)Section 289 (sexual penetration).

(14)Section 4500 (assault by a life prisoner).

(15)Section 4501 (assault by a prisoner).

(16)Section 4503 (holding a hostage by a prisoner).

(17)Any felony punishable by death or imprisonment in the state prison for life.

(18)Any attempt to commit a crime listed in this subdivision other than an assault.

(b)Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.

(c)Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.

(d)Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to a person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.

(e)(1)The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:

(A)The person violated subdivision (b) of Section 186.22.

(B)Any principal in the offense committed any act specified in subdivision (b), (c), or (d).

(2)An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense.

(f)Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).

(g)Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person found to come within the provisions of this section.

(h)The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.

(i)The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.

(j)For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. When an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.

(k)When a person is found to have used or discharged a firearm in the commission of an offense that includes an allegation pursuant to this section and the firearm is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.

(l)The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5.

Notes of Decisions

Cited in 542 cases (229 in the last 5 years), 2000–2026 · leading case: People v. Bland, 48 P.3d 1107 (Cal. 2002).

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People v. Bland, 48 P.3d 1107 (Cal. 2002). · cites it 8× “(Pen.Code, § 12022.53, subd. (d); hereafter section 12022.”

People v. Morales, 5 Cal. Rptr. 3d 615 (Cal. Ct. App. 2003). · cites it 4× “(b)(1)) were alleged; as to defendant, personal firearm use (Pen. Code, § 12022.53, subd. (b)) and gang/vicarious firearm discharge/great bodily injury enhancements (Pen.”

J.N. v. Superior Court of Orange Cnty., 233 Cal. Rptr. 3d 220 (Cal. Ct. App. 5th 2018). · cites it 3× “vicariously discharged a firearm causing death to a non-accomplice ( Pen. Code, § 12022.53, subds. (d), (e)(1) ), and charged a special circumstance of murder for the benefit of a criminal street gang ( Pen.”

People v. Em, 171 Cal. App. 4th 964 (Cal. Ct. App. 2009). · cites it 4× “) Penal Code section 12022.53, subdivisions (d) and (e)(1), requires the trial court to impose a consecutive sentence if the enhancement created by that section has been proven; therefore, the trial court was without discretion to impose the two 25-year-to-life terms…”

People v. Franklin, 370 P.3d 1053 (Cal. 2016). “The district attorney charged Franklin with first degree murder under Penal Code section 187 and alleged a personal firearm-discharge enhancement under Penal Code section 12022.53, subdivision (a)(1).”

People v. Albarran, 2007 Cal. Daily Op. Serv. 3495 (Cal. Ct. App. 2007). · cites it 2× “The jury also found true firearm use allegations as to several counts (Pen.Code, §§ 12022.53, subds. (b), (c), 12022.”

People v. Villanueva, 169 Cal. App. 4th 41 (Cal. Ct. App. 2008). · cites it 3× “) With respect to both charges, it was further alleged that defendant personally used a firearm (Pen. Code, § 12022.53, subd. (b)); intentionally and personally discharged a firearm (Pen.”

Stokeling v. United States, 139 S. Ct. 544 (2019). “§§ 5-12-103 (a)(2)-(3) (2013); Cal. Penal Code Ann. §§ 12022.53, 12022.7 (West 2018 Cum.”

People v. Oates, 88 P.3d 56 (Cal. 2004). · cites it 2× “[1] Subdivision (b) of the statute provides for an additional and consecutive 10-year prison term for anyone convicted of a listed felony "who, in the commission of" that felony, "personally uses a firearm" (hereafter subdivision (b) enhancement).”

People v. Villanueva, 196 Cal. App. 4th 411 (Cal. Ct. App. 2011). · cites it 6× “With respect to both charges, it was further alleged that defendant personally used a firearm (Pen. Code, § 12022.53, subd. (b)); intentionally and personally discharged a firearm (Pen.”

Anthony Garcia v. Tom L. Carey, Warden, 395 F.3d 1099 (9th Cir. 2005). · cites it 3× “CAL. PENAL CODE § 12022.53 provides, in relevant part: (b) Notwithstanding any other provision of law, any person who, in the commissioh of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment…”

People v. Anderson, 470 P.3d 2 (Cal. 2020). “(Pen. Code, § 12022.53, subd. (b); id., § 12022.”

Show all 542 citing cases →

— Cal. Penal Code § 12022.53(a) — 1 case

People v. Vallier CA2/8 (Cal. Ct. App. 2020).

— Cal. Penal Code § 12022.53(b) — 16 cases

Anthony Garcia v. Tom L. Carey, Warden, 395 F.3d 1099 (9th Cir. 2005). “CAL. PENAL CODE § 12022.53 provides, in relevant part: (b) Notwithstanding any other provision of law, any person who, in the commissioh of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment…”

Oliva v. Hedgpeth, 600 F. Supp. 2d 1067 (C.D. Cal. 2009).

Bovarie v. Giurbino, 558 F. Supp. 2d 1030 (C.D. Cal. 2008).

(HC) Torres v. Ducart (E.D. Cal. 2019).

Garcia v. Carey (9th Cir. 2005).

— Cal. Penal Code § 12022.53(b)(c) — 1 case

(HC) Bernik v. Hatton (E.D. Cal. 2024).

— Cal. Penal Code § 12022.53(b)(e)(1) — 1 case

People v. Tillett, 108 Cal. Rptr. 2d 76 (Cal. Ct. App. 2001).

— Cal. Penal Code § 12022.53(c) — 11 cases

Oliva v. Hedgpeth, 600 F. Supp. 2d 1067 (C.D. Cal. 2009).

Ramirez v. Almager, 619 F. Supp. 2d 881 (C.D. Cal. 2008).

Singh v. Robertson (N.D. Cal. 2019).

Killens v. Anglea (N.D. Cal. 2020).

People v. Rivera CA3 (Cal. Ct. App. 2015).

— Cal. Penal Code § 12022.53(d) — 22 cases

Silva v. McDonald, 891 F. Supp. 2d 1116 (C.D. Cal. 2012).

Steven Phillips v. Debra Herndon, 730 F.3d 773 (9th Cir. 2013).

Oliva v. Hedgpeth, 600 F. Supp. 2d 1067 (C.D. Cal. 2009).

Ramirez v. Almager, 619 F. Supp. 2d 881 (C.D. Cal. 2008).

Castillo v. Clark, 610 F. Supp. 2d 1084 (C.D. Cal. 2009).

— Cal. Penal Code § 12022.53(e) — 3 cases

People v. Alvarez CA2/3 (Cal. Ct. App. 2023).

(HC) Shaw v. High Desert State Prison (E.D. Cal. 2019).

People v. Chambers CA4/3 (Cal. Ct. App. 2024).

— Cal. Penal Code § 12022.53(e)(1)(A) — 2 cases

Garcia v. Carey (9th Cir. 2005).

— Cal. Penal Code § 12022.53(h) — 6 cases

(HC) Roberts v. Gastelo (E.D. Cal. 2023).

(HC) Cervantes v. Sullivan (E.D. Cal. 2021).

(HC) Sanchez v. Robertson (E.D. Cal. 2021).

Oscar Cedano v. Unknown (C.D. Cal. 2020).

Willie Clarence Sherman v. Ralph Diaz (C.D. Cal. 2020).

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