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Negligent Discharge of a Gun is a Misdemeanor in California

Under the US Constitution, you have a 2^nd Amendment right to bear arms. However, this right is limited and well regulated, especially in the state of California. In other words there are some things you may do with a gun, and some things you definitely may not do.

One of the violations that are commonly charged in California is discharging a firearm in a grossly negligent manner. This offense, which is made illegal in California penal code 246.3, stipulates exactly how you may use a firearm and how you may not.

The grossly negligent firing of a gun requires three stipulations in order to be considered a California misdemeanor:

1. You willfully fired the gun.
2. You fired it in a negligent manner.
3. You could have harmed or killed someone else as a result.

The law was originally intended to stop people from firing their gun in the air during celebrations, but now covers many more possible situations. These include firing a gun near a crowd, doing target practice in a settled area, firing a gun from a moving car and many more.

The grossly negligent discharging of a firearm is usually considered a California misdemeanor . However, if you have a prior criminal record or committed another crime in the process of brandishing or firing your weapon, you may face more serious charges.

The penalty for the negligent discharging of a gun as a misdemeanor is up to one year in county jail and a maximum fine of $1,000. If you are convicted of the charge as a felony, you face up to two to three years in prison and a maximum $10,000 fine.

Given the strict penalties and grave effect even a misdemeanor gun conviction will have on your life and your family, it is absolutely crucial that you do everything possible to fight the charges and argue for a reduced sentence. Having an experienced Ventura criminal defense attorney on your side is invaluable.

For more information about these charges, call the Ventura criminal defense lawyers 9 of Bamieh & Erickson today. You can schedule your own free, no-obligation consultation about your case by dialing (805) 643-5555.

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