Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky?
The answer is yes. In fact law enforcement all over Southern California is on high alert for this weekend because of so many such incidents in recent years. The fear is that falling ammunition can seriously injure or kill people because of the velocity of the spent rounds.
Penal Code 246.3 PC, California’s “negligently discharging a firearm” law, prohibits willfully firing a gun or BB device in a grossly negligent manner that could result in death or injury to a person”.
Enacted in 1988, the law’s purpose was to deter people from shooting their guns into the air on holidays and other festive occasions.
The offense may be charged as a misdemeanor or a felony, and a conviction subjects you to serious penalties, including possible prison time.
Some local Sheriff’s have posted warnings on Facebook and other social media sites, such as the one posted by the Riverside County Sheriff:
“New Year’s Eve is a holiday that is celebrated everywhere. Unfortunately, some people celebrate the arrival of the New Year by firing guns into the air when the clock strikes midnight. This can turn a joyous event into a tragedy.
The Riverside County Sheriff’s Department would like to ensure a safe holiday for everyone in our community this New Year’s Eve. It is important for the public to know that stray bullets have been known to penetrate walls, roofs, and cars, injuring and killing innocent people.
To make our neighborhoods safer, the Riverside County Sheriff’s Department will be enforcing a Zero-Tolerance Policy regarding the negligent discharge of a firearm on New Year’s Eve.
Deputies from the Riverside County Sheriff’s Department will arrest all individuals found discharging firearms. If convicted under California Penal Code section 246.3, these individuals could face felony charges, punishable by incarceration in the state prison. Any person, who observes someone preparing to, or discharging a firearm, is asked to immediately call 9-1-1 to report the incident.”
If you find yourself accused of any type of firearm related crime, including those involving negligent discharge of a firearm, call the expert Southern California firearm defense attorneys at Wallin & Klarich. You can reach us 24 hours a day, 7 days a week at 888-749-0034 or fill out our intake form for immediate assistance.
