Discharging Firearm in city limits

[fabguy]

My buddy discharged a firearm into the ground within city limits and my friend got a ticket, whats next for him? Will he possibly loose his right to own firearms? Now before everyone starts the bashing and slandering about this whole situation, let me add that A gangbanger brandished a weapon at him & his dad so he pulled his pistol (which was in the garage), shot into ground and scared the gangbanger so bad that he dropped his pistol and ran but the neighbors tackled the looser and held him till the police arrived. I told him I would ask here for him as to what his future might be. He is a veteran of the Iraq War also, will that help him? Any type of advice or knowledge would be nice, I am sure this is gonna lead to bashing as most posts on this site end up to be lately.
Thank you for your time
(update) 4-20-10 7:40pm
It happened in L.A. County, the d--tbag was arrested and weapon was recovered. Called my buddy and waiting for a call back on the code, and specific answers for you all. All of this because the d--tbags kid hit my buddy's dads car w/ a bicycle, and they just wanted to know what was gonna be done to help pay for damages, Apparently as the D--tbag started to walk up the street to the front of my buddy's dads house( sidewalk & driveway) he went to the gun safe in the garage opened it and pulled out his .45 & put it on the window sill(said he had a feeling). He was standing in the garage next to his .45 when it all went down. As soon as he calls me back I will post it. He did tell me that LEO looked at his pistol ran his name & stuff LEO's do, and gave it back to him at the scene then cited him and sent him home. Sorry if the lack of info right now has caused some confusion.
Thanks again guys for the feedback on this.

[9mmepiphany]

it could go a few different ways depending on you local DA

generally speaking...if he was justified in discharging the gun, he would have been justified in shooting the gangbanger.

[FLIGHT762]

Find out what your friend was cited for. Look at the citation and see what code section was used.

If it is a City ordinance, it's no big deal. He can pay the fine or fight it in Court. It won't have any effect on his gun rights.

If it was a Penal code section, such as 246 P.C. , that may be different.

246 PC

Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year.

As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.

I would think if your friend was just cited, it may not be a 246 or a 245 (Assault with a deadly weapon)charge. In the City where I worked, he would have been booked for a 245 or 246 charge. If it was a City ordinance, he would have been cited at the scene and released after signing the Citation.

[black knife]

He should of told the Police that he thought the **** bag was going to shoot him so he fired first but missed because he was scared. He probably would not have received a ticket and he would have been covered.

The fact that he just received a cite is a good sign. If he would have been charged with a felony he would have been booked in. Find out what is on the ticket and let us know. Also find out if they confiscated his gun?

[Thrasher416]

He should of told the Police that he thought the **** bag was going to shoot him so he fired first but missed because he was scared. He probably would not have received a ticket and he would have been covered.

The fact that he just received a cite is a good sign. If he would have been charged with a felony he would have been booked in. Find out what is on the ticket and let us know. Also find out if they confiscated his gun?

I wouldn't lie about the gangbanger shooting first, all the police would have to do is look at the pistol he dropped and the story would lose all its credibility.

[Uhhlexxxis]

He is a veteran of the Iraq War also, will that help him?

you'd be amazed by how many "military IDs" I receive during traffic stops.. I am appreciative of their service but seriously, why put yourself in that awkward situation? Your buddy didn't use any good common sense regarding the issue. sorry, hopefully he'll get off with a slap on the hand.

[desmark6]

a more applicable PC section would be 246.3, negligent discharge of a firearm which is a felony.

If he was cited/released it is likely they used a local ordinance.

Either way, I would be suprised if he got into much trouble if he did it due to feeling threatended and not just for SH*TS and GRINS

BUT, this is California so never be suprised by the courts, the do do some off the wall things once in awhile!

[desmark6]

I am sure they did not cite/release him for 246 (his actions did not meet the elements) and since he did not shoot at/miss the other person 245(a)(2) would not apply, again it does not meet the elements.

However, 246.3 could have been applied, but I would be highly suprised if the cited/released on a felony, and they didn't take his gun for evidence.

[desmark6]

It wwould be very important to know what, if anything, the gangster said while brandishing the handgun, and what exactly he did to brandish it.

Was it tucked in a waist band and he lifted his shirt to show it off or did he have it hand pointed at the ground or what?

Depending on what he said, your buddy may have a defense. If the gangster said the right phrase this could have been a 664/211 armed or who knows!!

[SVT-40]

What city did this occur in?

Many unanswered questions? Without much more detailed information. It would be impossible to give any reasonable estimate as to what your friend could expect.



Based upon the O/P's info. The "gangbanger" was detained by neighbors, and HIS handgun was recovered. So was the gang member was arrested and his weapon given to the police?

[fabguy]

updated on 1st pg.

[Jwood562]

so a gangster pulled a gun on your friend and your friend shot at the ground? Why did he just not shoot the gangster? No warning shots given.

he was proably cited for some local muni code or something becasue if it was a felony they dont cite for those.

was he trying to rob your friend? was it a F-U match that got out of hand? we need the whole story.

what was gangster charged with?

[choprzrul]

It seems to me that if your friend was in fear of his life, and he took an immediate step to stop that threat, then he did what was necessary. Again, it depends upon what the gangsta did and said. If he pulled out a gun and told your friend to stfu or he was going to pop a cap in his @zz it is one thing, if he just pulled up his shirt to show a gun in his belt, then your friend probably over escalated the situation. Pretty easy to sit here armchairing your friends decision. Ultimately, the threat stopped and he and his family lived to see a new sunrise. That is what is important.

[Escalado]

So your friend got a weapon brandished on him, went into his home to get a weapon, returned and fired it at the ground? Yeah...thats not going to fly. Judge is going to say why did you return outside? If you thought your life was in danger why did you shoot at the ground? Im not saying its right, but thats what he is going to say.

[Fjold]

So your friend got a weapon brandished on him, went into his home to get a weapon, returned and fired it at the ground? Yeah...thats not going to fly. Judge is going to say why did you return outside? If you thought your life was in danger why did you shoot at the ground? Im not saying its right, but thats what he is going to say.

The OP didn't say that the friend went into the house and returned with a pistol. He said that the friend pulled his weapon which was in the garage. The OP did not say whether the friend was in the garage originally.

Let's not make stuff up.