(a)It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code.
(b)Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable by imprisonment in the county jail for not more than one year or in state prison for 16 months or two or three years.
(c)Any person who willfully and maliciously discharges a firearm from a motor vehicle at another person other than an occupant of a motor vehicle is guilty of a felony punishable by imprisonment in state prison for three, five, or seven years.
(d)Except as provided in Section 3002 of the Fish and Game Code, any person who willfully and maliciously discharges a firearm from a motor vehicle is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison.
Notes of Decisions
Cited in
17
cases (
7 in the last 5 years), 2013–2026 · leading case:
People v. Valencia, 489 P.3d 700 (Cal. 2021).
People v. Valencia, 489 P.3d 700 (Cal. 2021).
· cites it 2× “2 Penal Code section 26100, subdivision (c).”
People v. Gonzales, 232 Cal. App. 4th 1449 (Cal. Ct. App. 2015).
“Defendant Michael Ray Gonzales was convicted by jury trial of permitting a person to carry a loaded firearm in a vehicle (Pen. Code, §26100, subd. (a)). 1 The jury also found true a gang allegation (§ 186.”
Joshua Gonzales v. Connie Gipson, 687 F. App'x 548 (9th Cir. 2017).
“Cal. Penal Code § 26100 (c). The evidence against Gonzales consisted of the following: Gonzales wore a baseball cap to a party, where he introduced himself as “Knuckles” and associated with members of the Playboyz gang.”
Gonzales v. Gipson, 701 F. App'x 558 (9th Cir. 2017).
“The evidence against Gonzales consisted of the following: Gonzales wore a baseball cap to a party, where he introduced himself as “Knuckles” and associated with members of the Playboyz gang. After the party ended, shots were fired from a dark colored vehicle that was leaving the…”
Miguel Wooten v. Warren Montgomery (9th Cir. 2020).
“Penal Code §§ 12034 (a) (2009) (since re-codified at Cal. Penal Code § 26100 ). Officers observed Wooten allow another individual, Jarvis Toussaint, into his car, and Wooten was entering the driver’s seat when officers observed a firearm on Toussaint’s side of the vehicle.”
In Re L.B. Ca3 (Cal. Ct. App. 2020).
“Code, § 246, count 2), and maliciously discharged a firearm from a vehicle at another person (Pen. Code, § 26100, subd. (c), count 3). He was 15 years old at the time.”
People v. Lepe CA1/4 (Cal. Ct. App. 2021).
“(Pen. Code, § 26100, subd. (c); statutory references are to this code.”
(HC) Evans v. Spearman (E.D. Cal. 2020).
“Code, § 245(a)(2)) with multiple enhancements, as well as four counts of discharging a 28 firearm from a motor vehicle (Cal. Pen. Code, § 26100(c)) along with several gun use 1 enhancements.”
Belfield v. Spearman (N.D. Cal. 2020).
“20 Penal Code § 187), shooting at a person from a motor vehicle ( Cal. Penal Code § 26100 (c)), and 21 unlawfully possessing a firearm ( Cal.”
People v. Alvarez CA6 (Cal. Ct. App. 2024).
“(c), (e)(1)); he was also charged with discharging a firearm from a vehicle (Pen. Code, § 26100, subd. (c)), including an allegation that the offense was committed for the benefit of a criminal street gang (Pen.”
Coleman (C.D. Cal. 2025).
“The jury found him guilty of shooting at another person from a 6 motor vehicle in violation of Cal. Penal Code § 26100 (c) and found true 7 enhancements for inflicting great bodily injury (§ 12022.”
Cal. Penal Code § 26100(c): 1 case
(HC) Evans v. Spearman (E.D. Cal. 2020).
“Code, § 245(a)(2)) with multiple enhancements, as well as four counts of discharging a 28 firearm from a motor vehicle (Cal. Pen. Code, § 26100(c)) along with several gun use 1 enhancements.”
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