Penal Code 246.3 – Negligent Discharge of a Firearm

Penal Code 246.3 PC – negligent discharge of a firearm. This is a criminal offense defined as “willfully discharge(ing) a firearm in a grossly negligent manner which could result in injury or death to a person.” Prosecutors can charge the crime as a misdemeanor or a felony and it carries a sentence of up to 3 years in jail or prison.

The language of the code section reads:
strong>246.3. (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.”
While it may sound as if the crime of “negligently discharging a firearm” includes accidentally shooting a gun, in fact that is not the case. You commit the crime of Penal Code 246.3 if you willfully—that is, intentionally—pull the trigger.