Penal Code 247 PC – Shooting at an Unoccupied Vehicle or Building

Updated April 24, 2021

Penal Code 247b PC is the California statute that makes a crime to shoot a firearm at an unoccupied motor vehicle, an uninhabited building, or an uninhabited dwelling. A conviction is a felony that carries a sentence of up to 3 years in jail or prison.

247b PC states that “Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.”

Examples

• In testing a new scope, Mark fires his rifle at an old abandoned factory.
• Mateo and his girlfriend shoot a pistol at a rusty and unoccupied vehicle.
• After purchasing a large-capacity magazine, Edward tests it by shooting rounds at a rundown and deserted apartment complex.

Luckily, there are several legal defenses that a person can raise if accused of a crime under Penal Code 247(b) PC. These include showing that an accused:

• had permission to shoot;
• was arrested without probable cause; and/or,
• shot the firearm on accident.

Penalties

Shooting at an unoccupied vehicle or building is a wobbler offense. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment for up to one year in the county jail.

If charged as a felony, the crime is punishable by imprisonment in the California state prison for up to three years.

Our California criminal defense attorneys will explain the following in this article:

• 1. What is the crime of shooting at an unoccupied vehicle or building?
• 2. What are the most common defenses?
  • 2.1. Permission of owner
  • 2.2. No probable cause
  • 2.3. Accident
• 3. What is the punishment for a 247b PC conviction?
• 4. Are there related crimes?
  • 4.1. Drive by shooting – PC 26100
  • 4.2. Shooting at an occupied dwelling – PC 246
  • 4.3. Negligent discharge – PC 246.3

Penal Code 247(b) PC makes a crime to shoot at an unoccupied motor vehicle, an uninhabited building, or an uninhabited dwelling.

1. What is the crime of shooting at an unoccupied vehicle or building?

Under California Penal Code 247(b) PC, it is a crime for a person to shoot a firearm at any of the following:

• an unoccupied motor vehicle,
• an uninhabited building, and/or,
• an uninhabited dwelling.¹

California law says that a “dwelling” is a home, such as:

• a house,
• an apartment,
• a mobile home, or
• a houseboat.

Please note that this section does not apply to shooting at an unoccupied vehicle, or an uninhabited building or dwelling, with the permission of the vehicle’s or building’s owner.²

2. What are the most common defenses?

A person accused under PC 247(b) can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire an attorney to get the most effective defense.

Three common defenses are:

1. permission of the owner;
2. no probable cause; and/or,
3. accident.

2.1. Permission of owner

Recall that PC 247(b) does not apply to a person shooting at an unoccupied vehicle, or an uninhabited building or dwelling, when the shooter has the permission of the owner. This means that it is defense in some cases if the defendant gained the permission of the vehicle’s owner, or the building’s owner, to shoot at the car or building.³ This permission, though, must be given before shots are fired.

2.2. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested for violating PC 247(b), and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

“Probable cause” essentially means that there is a reasonable belief that someone committed a crime (based on all of the circumstances).

2.3. Accident

Accident is a legal defense in which a defendant asserts he did not do a criminal act on purpose: “It was an accident.” The defense is successful when a defendant shows that:

• he had no criminal intent to do harm;
• he was not acting negligently; and,
• he was engaged in lawful conduct at the time of the accident.

A defendant, therefore, may challenge a PC 247(b) accusation if he can show that, while he may have shot a gun at a car or building, it was on accident.

Shooting at an unoccupied vehicle or building can result in prison time

3. What is the punishment for a 247b PC conviction?

Shooting at an unoccupied vehicle or building is a wobbler offense. This means it can be charged as either a California misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment for up to one year in the county jail.

If charged as a felony, the crime is punishable by imprisonment in the California state prison for up to three years.

4. Are there related crimes?

There are three crimes related to shooting at an unoccupied vehicle or building. These are:

1. drive-by shooting – PC 26100;
2. shooting at an occupied dwelling – PC 246; and,
3. negligent discharge – PC 246.3.

4.1. Drive-by shooting – PC 26100

Drive-by-shootings are against the law in California, per Penal Code 26100 PC.

A drive-by shooting is technically known as “discharging a firearm from a motor vehicle.”

Penal Code 26100 makes it illegal for a person to:

• allow a passenger to bring a gun into his car;
• allow a passenger to fire a gun from his car;
• discharge a gun from within a car; and/or,
• shoot at someone from a car.⁴

Knowingly allowing a passenger to bring a gun into a car is a misdemeanor. It is punishable by up to 6 months in jail and/or up to a $1,000 fine.⁵

Firing a gun from a car, or allowing someone else to do so, is a wobbler, meaning that it can be charged as either a misdemeanor or felony.⁶

If charged as a misdemeanor, the crime is punishable by:

• up to one year in jail, and/or
• a maximum $1,000 fine.⁷

If charged as a felony, PC 26100 is punishable by imprisonment in the California state prison for:

• 16 months,
• 2 years, or
• 3 years.

And, if a defendant is found guilty of shooting at another person from a car, it is an automatic (“straight”) felony. The crime is punishable by:

• three, five, or seven years in the state prison, and/or
• a maximum $10,000 fine.

4.2. Shooting at an occupied dwelling – PC 246

California Penal Code 246 PC makes it a crime for a person to shoot a gun at an inhabited dwelling or an occupied car.

A violation of Penal Code 246 is charged as a felony.⁸ The crime is punishable by:

• six months to one year in county jail; or
• three, five or seven years in California state prison.⁹

An accused may also be fined up to $10,000.¹⁰

4.3. Negligent discharge – PC 246.3

Negligent discharge of a firearm is illegal in California, per Penal Code 246.3 PC.

A defendant is guilty under Penal Code 246.3 if a prosecutor successfully proves the following:

1. the defendant willfully discharged a firearm,
2. in a grossly negligent manner, and
3. the act could have resulted in someone’s injury or death.¹¹

Negligently firing a gun is a wobbler offense.

If the crime is charged as a misdemeanor, negligent discharge carries a maximum county jail sentence of one year.

If charged as a felony, the crime can lead to 16 months, two years or three years in county jail.¹²

Contact us for help…

Call us for help

If you or someone you know has been accused of a crime under California Penal Code 247(b), we invite you to contact us for a free consultation. We can be reached 24/7.

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