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Cal. Penal Code § 247 (2026)

✓ current as of May 2026
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(a)Any person who willfully and maliciously discharges a firearm at an unoccupied aircraft is guilty of a felony.

(b)Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.

As used in this section and Section 246 “aircraft” means any contrivance intended for and capable of transporting persons through the airspace.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1990–2024 · leading case: People v. Mesce, 97 Cal. Daily Op. Serv. 839 (Cal. Ct. App. 1997).
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People v. Mesce, 97 Cal. Daily Op. Serv. 839 (Cal. Ct. App. 1997). · cites it 2× “3); discharging a firearm at an unoccupied aircraft, motor vehicle, or dwelling house (Pen. Code, § 247); exhibiting a deadly weapon or firearm in a rude, angry, or threatening manner, or using it in a fight (Pen.”
Nguyen v. Proton Tech. Corp., 14 I.E.R. Cas. (BNA) 1238 (Cal. Ct. App. 1999). “The only communication in the record to Proton from that department does not recite any offense committed by appellant which brought him to that probationary status, but respondents’ appendix includes material establishing that appellant had, in 1995, pled guilty to shooting a…”
People v. Buttles, 223 Cal. App. 3d 1631 (Cal. Ct. App. 1990). “” Penal Code section 247, subdivision (b) provides, in relevant part: “Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than…”
Trevino v. Evans, 521 F. Supp. 2d 1104 (S.D. Cal. 2007). · cites it 2× “2007), and shooting at an unoccupied vehicle, see CaLPenal Code § 247(b) (West 1999). It was further alleged that Petitioner used a firearm, and he inflicted great bodily injury in a drive-by shooting, see CaLPenal Code §§ 12022.”
Milton Garcia v. Loretta E. Lynch, 652 F. App'x 591 (9th Cir. 2016). “Penal Code § 245 (a)(2), and shooting at an unoccupied vehicle in violation of Cal. Penal Code § 247 (b), and was sentenced to a total of twelve years on the assault conviction.”
Fernando Gonzalez-Ramirez v. Jefferson Sessions (9th Cir. 2018). · cites it 3× “Immigration Appeals’ (BIA) determination that he was ineligible for cancellation of removal1 because he was convicted of a crime of violence.”
People v. Christopher CA4/1 (Cal. Ct. App. 2022). “A jury convicted Christopher of five counts, four of which (counts 1 through 4) arose from the January 2020 incident: shooting at an unoccupied vehicle (Pen. Code, § 247, subd. (b)—count 1);1 felon in possession of a firearm (§ 29800, subd.”
People v. Christopher CA4/1 (Cal. Ct. App. 2024). “The jury convicted Christopher, as relevant here, of shooting at an unoccupied vehicle (Pen. Code, § 247, subd. (b); count 1); possession of a firearm by a felon (§ 29800(a)(1); count 2); discharging a firearm in a grossly negligent manner (§ 246.”
Murray v. Lozano (N.D. Cal. 2020). “Code § 246 ), shooting at an 25 unoccupied vehicle ( Cal. Pen. Code § 247 (b)), and discharging a firearm with gross negligence 26 ( Cal.”
Murray v. Lozano (N.D. Cal. 2021). “Code § 246 ), shooting at an 26 unoccupied vehicle ( Cal. Pen. Code § 247 (b)) and discharging a firearm with gross negligence 27 ( Cal.”
— Cal. Penal Code § 247(b) — 2 cases
Trevino v. Evans, 521 F. Supp. 2d 1104 (S.D. Cal. 2007). “2007), and shooting at an unoccupied vehicle, see CaLPenal Code § 247(b) (West 1999). It was further alleged that Petitioner used a firearm, and he inflicted great bodily injury in a drive-by shooting, see CaLPenal Code §§ 12022.”
Fernando Gonzalez-Ramirez v. Jefferson Sessions (9th Cir. 2018). “Immigration Appeals’ (BIA) determination that he was ineligible for cancellation of removal1 because he was convicted of a crime of violence.”
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