Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE
California Codes

Cal. Penal Code § 417.3 (2026)

Of Crimes Against The Public Peace

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by imprisonment for 16 months or two or three years and a three thousand dollar ($3,000) fine.

Nothing in this section shall preclude or prohibit prosecution under any other statute.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1999–2025 · leading case: United States v. Randly Begay, 934 F.3d 1033 (9th Cir. 2019).
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United States v. Randly Begay, 934 F.3d 1033 (9th Cir. 2019). · cites it 2× “2013) ( Cal. Penal Code § 417.3 ). 7 Rosales-Rosales v.”
People v. Blackburn, 72 Cal. App. 4th 1520 (Cal. Ct. App. 1999). “) [9] In the prior proceeding, Jackson was charged with one count of brandishing a firearm in the presence of an occupant of a motor vehicle (Pen.Code, § 417.3) and one count of discharging a firearm at an occupied motor vehicle (Pen.”
People v. Blackburn, 72 Cal. App. 4th 1520 (Cal. Ct. App. 1999). “) 9 In the prior proceeding, Jackson was charged with one count of brandishing a firearm in the presence of an occupant of a motor vehicle (Pen. Code, § 417.3) and one count of discharging a firearm at an occupied motor vehicle (Pen.”
People v. Montgomery, No. H051993 (Cal. Ct. App. May 7, 2025). “Defendant was charged with two counts of brandishing a firearm at a person in a motor vehicle (Pen. Code, § 417.3; counts 1 and 2), possession of an assault weapon (Pen.”
People v. Ball, No. G064274 (Cal. Ct. App. Sept. 9, 2025). “(Pen. Code, § 417.3.) 1 We hold the statute sets forth an objective test about causing fear and does not require a victim to subjectively experience it.”
Donaghe v. Galaza, 4 F. App'x 338 (9th Cir. 2001). “Donaghe's jury received instructions on the crime of felony brandishment, Cal.Penal Code § 417.3, the most likely target crime.”
Malvia v. Terhune, 14 F. App'x 783 (9th Cir. 2001). “”); see also Cal.Penal Code § 417.3. Moreover, because the record reflects no basis for instructing the jury on self-defense, the trial court properly omitted the optional language of CALJIC 9.”
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