“Accidental discharge”

[Like2fly]

Op here again. Still have not gotten an on topic response to the primary question of my original post. I guess I gave too many details on the actual things I know which led to responses going off topic on things like “negligent versus accidental” (which is a good topic on its own), or questioning my living arrangements, (really off topic for a gun thread) or on who my wife is having sex with (really two different CalGun members thought that was an appropriate and on topic thing to try and make a joke about?). So forget the actual shooting I was talking about and riddle me this instead. Does any one know what has actually happened to or would happen to some one that was responsible for shooting their gun thru a condo or apartment wall into an adjacent occupied unit with no injuries to anyone. For this scenario I will say the shooter did not intend to shoot the gun and their was no mechanical malfunction that caused it to go off. I would like to know What penalty California has for this and if that would include losing his gun, guns and or rights to own a gun. And yes when I eventually find out what happens to the the real person from my original post who actually did this, I will update here.

[SuperBanther]

***Edited for readability/legibility. Content trimmed.

....So forget the actual shooting I was talking about and riddle me this instead.

Does any one know what has actually happened to or would happen to some one that was responsible for shooting their gun thru a condo or apartment wall into an adjacent occupied unit with no injuries to anyone.

For this scenario I will say the shooter did not intend to shoot the gun and their was no mechanical malfunction that caused it to go off.

I would like to know What penalty California has for this and if that would include losing his gun, guns and or rights to own a gun....

2nd post answered this. The parameters set by your scenario still point to Negligent Discharge.

Not an accidental discharge, a NEGLIGENT discharge...


That said - thanks to Google - as per the PC, the state has harsh penalties... Felony at worst.

https://www.shouselaw.com/ca/defense/penal-code/246-3/

_

While the person might not of intended to shoot the gun. They willfully (intentionally) pulled the trigger. (source - see above link).

According to the site posted by rodralig -

It goes on to state the punishments would be -

If it is charged as a misdemeanor, PC 246.3 negligent discharge carries a maximum county jail sentence of one (1) year. Charged as a felony, it can lead to sixteen (16) months, two (2) years or three (3) years in county jail.

A felony conviction would mean that you would forfeit your gun rights (for life)*. There is a specific list of misdemeanors which may lead to losing your gun rights. Negligent discharge is one of them.

Source: https://oag.ca.gov/sites/all/files/a...hibcatmisd.pdf

I do not know what other charges may be brought up and the additional punishments that go with a conviction.

Obligatory "I am not a lawyer. Please consult an licensed attorney if the need exists".

[Like2fly]

Thank you SuperBanther for your informative reply to my reformulated question. I did not see that reply earlier. Again I will update how things turn out with this neighbor. I expect it may be a while before his case is resolved.

[Kokopelli]

In my lifetime, I've witnessed both an N.D. and a A.D.

N.D.
Hunting deer, a fellow hunter was in the motor home and the generator was running. The rest of us were talking outside when we heard a sound like the generator backfired. Out of the camper stepped the one hunter. He announced he was checking his rifle and it went off, putting a hole in the floor of the camper. That was a N.D.

A.D.
One day, I was driving my best friend Mark home from work. At his brother's house, I dropped him off at the curb. He asked if I wanted to come in for a beer and I declined as I wanted to get home for dinner with my wife. Mark walked up the walkway as I drove off. The front door to the house was hard to close. As Mark went in, he slammed the door hard to close it. Mark's brother kept a model 98 Mauser in 8X57 on a wall rack near the door. The Mauser fell off the rack, struck the floor and discharged. The bullet hit Mark in the head and he was instantly killed.

[geekeye]

In my lifetime, I've witnessed both an N.D. and a A.D.


A.D.
One day, I was driving my best friend Mark home from work. At his brother's house, I dropped him off at the curb. He asked if I wanted to come in for a beer and I declined as I wanted to get home for dinner with my wife. Mark walked up the walkway as I drove off. The front door to the house was hard to close. As Mark went in, he slammed the door hard to close it. Mark's brother kept a model 98 Mauser in 8X57 on a wall rack near the door. The Mauser fell off the rack, struck the floor and discharged. The bullet hit Mark in the head and he was instantly killed.

That's awful!

Where there any legal consequences for the brother? Not to be insensitive, but that case also seems completely avoidable. Who stores a rifle with a round in the chamber?

[Kokopelli]

That's awful!

Where there any legal consequences for the brother? Not to be insensitive, but that case also seems completely avoidable. Who stores a rifle with a round in the chamber?