Assault weapons, like AK-47s, have come to be a firearm of choice in many urban shootings. They fire a relatively small caliber bullet at very high velocities which allows them to travel through walls and car doors, and often cause unintended consequences for completely innocent victims. Recognizing the consequences associated with shooting such firearms into houses, cars, or other places where people reside, California lawmakers enacted Penal Code 246 PC, “shooting at an inhabited dwelling,” which prohibits intentionally firing a gun at an inhabited home or occupied car. Section 246 PC is a felony-level offense that can result in multiple year prison terms. Because simply shooting in close proximity to the object violates this law, it’s not even necessary that you fire directly at a residence or vehicle.
California Penal Code 246 PC prohibits shooting at an:
– “inhabited” house (a house or building is inhabited as long as somebody uses it as a dwelling, whether or not someone is actually inside it at the time of the shooting),
– occupied building
– occupied vehicle
– shooting from inside an apartment into the apartment below
The prosecutor must be able to establish the following elements to prove someone guilty of shooting at an inhabited dwelling or occupied car:
– The defendant shot the firearm at an inhabited house or camper, occupied building, or occupied car or aircraft.
– The defendant did not act in self-defense.
– Someone acted maliciously when they committed the act with the intent to defraud, annoy, or injure another person or property.
Penal Code 246 PC is a felony and subjects violators to a minimum six-month county jail sentence or to a three, five, or seven-year California State Prison sentence. Due to the nature of this offense, prosecutors are inclined to add charges of attempted murder. If a victim suffers great bodily injury or dies as a result of the shooting, the defendant could be sentenced to an additional 25 years to life. A conviction for this offense would also trigger a lifetime ban on owning or purchasing firearms.
Law Offices of Daniel R. Perlman
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