Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 8. OF CRIMES AGAINST THE PERSON / CHAPTER 9. Assault and Battery
California Codes

Cal. Penal Code § 246.3 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

(a)Except as otherwise authorized by law, any person who willfully 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 willfully 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.

Notes of Decisions
Cited in 105 cases (27 in the last 5 years), 1991–2026 · leading case: People v. Robertson, 95 P.3d 872 (Cal. 2004).
Sort: Relevance Newest Treatment
People v. Robertson, 95 P.3d 872 (Cal. 2004). · cites it 8× “GEORGE, C.J. In this case we must determine whether the trial court properly instructed the jury that defendant could be convicted of second degree felony murder based upon the predicate offense of discharging a firearm in a grossly negligent manner (Pen Code, § 246.”
Jose Valerio-Ochoa v. Immigr. & Naturalization Serv., 241 F.3d 1092 (9th Cir. 2001). · cites it 7× “THOMAS, Circuit Judge: We consider in this appeal whether discharging a firearm in violation of California Penal Code § 246.3 is a deportable firearms offense pursuant to 8 U.”
People v. Smith, 417 P.3d 662 (Cal. 2018). “This is not substantial evidence that defendant was firing randomly or blindly in an upward direction.”
People v. Ramirez, 201 P.3d 466 (Cal. 2009). “Here we hold that grossly negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a)) 1 is a necessarily included offense of discharge of a firearm at an inhabited dwelling (§ 246).”
People v. Navarro, 212 Cal. App. 4th 1336 (Cal. Ct. App. 2013). “(a); count eight) and negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a); count nine).”
People v. Leslie, 96 Cal. Daily Op. Serv. 5082 (Cal. Ct. App. 1996). · cites it 2× “The initial question this appeal presents is whether the grossly negligent discharge of a firearm (Pen. Code, § 246.3) 1 is a “serious felony” within the definition of Penal Code section 1192.”
People v. Anthony M., 67 Cal. Rptr. 3d 734 (Cal. Ct. App. 2007). “*1015 The District Attorney of Sacramento County filed a juvenile petition alleging the minor was a person described by the provisions of section 602 in that he unlawfully discharged a firearm in a grossly negligent manner that could result in injury and death to a person (Pen.…”
People v. Garcia, 224 Cal. App. 4th 519 (Cal. Ct. App. 2014). “INTRODUCTION Defendant and appellant Richard Garcia (defendant) was convicted of shooting a firearm in a grossly negligent manner (Pen. Code, § 246.3, subd. (a)). 1 The jury found true allegations that defendant personally used a firearm in violation of section 12022.”
People v. Lee, 2005 Cal. Daily Op. Serv. 7335 (Cal. Ct. App. 2005). “2 Penal Code section 246.3 states: “Except as otherwise authorized by law, any person who willfully 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 the…”
People v. Mesce, 97 Cal. Daily Op. Serv. 839 (Cal. Ct. App. 1997). · cites it 2× “5); grossly negligent discharge of a firearm (Pen. Code, § 246.3); discharging a firearm at an unoccupied aircraft, motor vehicle, or dwelling house (Pen.”
People v. Alonzo, 93 Cal. Daily Op. Serv. 1319 (Cal. Ct. App. 1993). “” As appellant points out, there is no case law interpreting Penal Code section 246.3. It appears from the language of the statute, however, that the prosecution was required to produce some evidence of the following elements in order to justify an order holding him to answer to…”
Century-Nat'l Ins. Co. v. Glenn, 2001 Cal. Daily Op. Serv. 1281 (Cal. Ct. App. 2001). · cites it 2× “” As a result of the shooting incident, Stephens pleaded no contest to willful discharge of a firearm (Pen. Code, § 246.3), a felony. 1 Procedural History Glenn filed suit against Stephens for the injuries he sustained as a result of the shooting.”
Show all 105 citing cases →
— Cal. Penal Code § 246.3(a) — 2 cases
Taylor v. Cnty. of Calaveras (E.D. Cal. 2019).
Taylor v. Cnty. of Calaveras (E.D. Cal. 2020).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.