Penal Code 247(b) PC – Shooting at an Unoccupied Vehicle or Building
California Firearm Discharge Defense Attorney
California Penal Code 247(b) makes it a crime to discharge a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house.
Although no one is inside the structure or vehicle, this offense is still taken seriously and can result in jail or prison time.
If you have been charged under PC 247(b), you may be facing a misdemeanor or felony conviction, substantial fines, and a permanent criminal record. Early legal intervention can significantly impact the outcome of your case.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Penal Code 247(b)?
Legal Definition
Under Penal Code 247(b), it is unlawful to:
Discharge a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house.
To convict someone, the prosecutor must prove:
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You discharged a firearm
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You did so willfully and maliciously
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The vehicle was unoccupied or the building was uninhabited
What Does “Unoccupied” Mean?
An unoccupied vehicle means no person was inside at the time of the shooting.
If someone was inside, the charge may instead fall under Penal Code 246 (shooting at an occupied vehicle), which carries more severe penalties.
What Does “Uninhabited” Mean?
An uninhabited building or dwelling means nobody lives there.
This is different from an “inhabited” dwelling under Penal Code 246, where the structure qualifies even if the resident is temporarily absent.
For example:
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A vacant house with no residents = uninhabited
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A home where someone lives but is not home = inhabited
This distinction can significantly affect the charge.
What Is Considered a Firearm?
Under California law, a firearm includes:
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Handguns
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Pistols
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Revolvers
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Rifles
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Shotguns
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Any device that expels a projectile by explosion or combustion
Even a single discharge may trigger criminal liability.
Is PC 247(b) a Felony or Misdemeanor?
Penal Code 247(b) is a wobbler, meaning it can be charged as either:
Misdemeanor
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Up to 1 year in county jail
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Fine up to $1,000
Felony
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16 months, 2 years, or 3 years in state prison
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Fine up to $10,000
The filing decision depends on:
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Criminal history
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Circumstances of the offense
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Use of weapons
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Related charges
Exception: Owner Permission
PC 247(b) contains a narrow exception.
You cannot be convicted under this statute if:
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The property owner gave you permission
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The vehicle or building was abandoned or unoccupied
However, other firearm-related charges may still apply.
Related California Firearm Offenses
PC 247(b) charges are often filed alongside:
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Penal Code 246 – Shooting at an inhabited dwelling
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Penal Code 246.3 – Negligent discharge of a firearm
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Penal Code 245(a)(2) – Assault with a firearm
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Penal Code 26100 – Drive-by shooting
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Penal Code 29800 – Felon in possession of a firearm
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Penal Code 25850 – Carrying a loaded firearm
Understanding how these statutes interact is critical in building a defense strategy.
Common Defenses to PC 247(b)
Every case is fact-specific. Potential defenses may include:
Lack of Willful or Malicious Intent
If the firearm discharged accidentally, the required intent may be missing.
Owner Consent
If you had the owner's permission, this may constitute a statutory defense.
Mistaken Identity
Eyewitness misidentification is common in firearm-related cases, particularly at night.
Structure Was Inhabited
If someone lived there, the prosecution may have charged the wrong offense.
Insufficient Evidence
Ballistics testing, surveillance footage, and witness credibility must be scrutinized.
Early investigation can preserve evidence and identify weaknesses in the prosecution's case.
Frequently Asked Questions
Is Penal Code 247(b) a felony?
It can be. PC 247(b) is a wobbler and may be charged as a misdemeanor or felony.
What is the maximum sentence for PC 247(b)?
Up to 3 years in state prison if charged as a felony.
What is the difference between PC 246 and PC 247(b)?
PC 246 involves shooting at an inhabited dwelling or occupied vehicle. PC 247(b) involves unoccupied vehicles or uninhabited buildings.
Can charges be reduced?
Yes. In some cases, charges may be reduced to negligent discharge or dismissed depending on the evidence.
Does permission from the owner matter?
Yes. If the owner gave permission, PC 247(b) may not apply.
Why Early Legal Representation Matters
Firearm-related charges are aggressively prosecuted in California.
Prosecutors may seek:
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Sentencing enhancements
An experienced criminal defense attorney can:
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Argue for misdemeanor filing
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Seek pre-filing rejection (“DA reject”)
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Challenge forensic evidence
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Negotiate reduced charges
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Prepare for trial if necessary
Early intervention often makes a significant difference in outcome.
Speak With a Los Angeles Criminal Defense Attorney
Being charged with shooting at an unoccupied vehicle or building under Penal Code 247(b) is serious. A conviction may result in incarceration, imprisonment, and long-term consequences.
If you are under investigation or have already been arrested, do not speak to law enforcement without legal counsel.
Contact an experienced California criminal defense attorney immediately to protect your rights and begin building your defense.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation using the contact form or call us at (424) 372-3112.
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