§ 247(b) PC – Shooting at an Unoccupied Vehicle or Uninhabited Dwelling

California Penal Code § 247(b) PC makes it a crime to shoot a firearm at

1. an unoccupied motor vehicle,
2. an uninhabited building, or
3. an uninhabited dwelling.

The offense is a felony punishable by up to 3 years in jail or prison. The language of the code section 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 you can raise if accused of a crime under Penal Code 247(b) PC. These include showing that you:

• had permission to shoot;
• were 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 Penal Code 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
  • 4.4. Shooting at an unoccupied aircraft – PC 247(a)

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

Under California Penal Code 247(b) PC, it is a crime 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?

If you are accused under PC 247(b), you 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 you 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 shooting at an unoccupied vehicle, or an uninhabited building or dwelling, when you have the permission of the owner. This means that it is a defense in some cases if you 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 you of a crime.

If you were 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 of the 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 you assert you did not do a criminal act on purpose: “It was an accident.” The defense is successful when you show that:

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

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

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

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.

4. Are there related crimes?

There are four 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. shooting at an unoccupied aircraft – PC 247(b).

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 to:

• allow a passenger to bring a gun into your car;
• allow a passenger to fire a gun from your 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 you are 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 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

You 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.

You are guilty under Penal Code 246.3 if a prosecutor successfully proves the following:

1. you 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

4.4. Shooting at an unoccupied Aircraft – PC 247(a)

Willfully shooting at an unoccupied aircraft in violation of Penal Code 247(a) is a felony carrying 16 months, 2 years, or 3 years in prison.¹³

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