California Penal Code §246 — Shooting at Inhabited Dwelling or Vehicle
PC §246 punishes maliciously and willfully discharging a firearm at an inhabited dwelling, building, occupied motor vehicle, occupied aircraft, or inhabited housecar or camper. It is a straight felony carrying 3, 5, or 7 years state prison and is a serious and violent felony (strike offense) under Three Strikes. Distinct from §246.3 (negligent discharge — wobbler at 16/2/3).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Shooting at Inhabited Dwelling or Vehicle Cases in All LA County Courts
01 — Quick Facts
PC §246 — Shooting at Inhabited Dwelling or Vehicle at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §246 — Shooting at Inhabited Dwelling / Occupied Vehicle |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Penalty | 3, 5, or 7 years state prison |
| Strike | Yes — serious felony (PC §1192.7(c)(33)) and violent felony (PC §667.5(c)(9)) |
| 85% Actual Custody | Yes — violent felony credit cap under §2933.1 |
| vs §246.3 | §246.3 = negligent discharge — wobbler 16/2/3, no strike |
| 'Inhabited' | Someone lives there — need not be present at the moment (§246 case law) |
| Gang Enhancement | PC §186.22 — extremely common on §246 filings; adds 10 yrs or 15-yrs-to-life |
| Personal Use Enhancement | PC §12022.53(b)–(d) — +10/20/25-to-life if death or great bodily injury |
| Immigration | Aggravated felony (crime of violence) under 8 USC §1101(a)(43)(F) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §246?
What Is California Penal Code §246?
PC §246 Reads:
"Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar… or inhabited camper… 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."
— California Penal Code §246
§246 is the signature drive-by-shooting statute. It applies whether or not anyone was hit — the offense is the act of firing at an inhabited/occupied target. 'Inhabited' means a person lives there; it does not require anyone to be home at the moment of the shooting (People v. Ramirez).
§246 vs. §246.3 — The Strike Line
§246 requires firing AT an inhabited target; §246.3 is negligent discharge in a public place with 'gross negligence' that could result in injury. §246 is a strike. §246.3 is a wobbler and not a strike. Charging tier is often the whole case.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §246
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 965).
Willful Discharge of a Firearm
Defendant intentionally fired a firearm.
At an Inhabited Dwelling / Occupied Vehicle / etc.
The target was one of the enumerated §246 places, and it was inhabited (dwelling) or occupied (vehicle/aircraft/building).
Malice
Defendant acted with malice — a wish to vex, defraud, annoy, or injure another (CALCRIM 965).
04 — Penalties
Penalties for PC §246 Shooting at Inhabited Dwelling or Vehicle in California
§246 is a strike carrying serious state-prison exposure — enhancements dominate the case.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Base §246 | PC §246 | 3, 5, or 7 years state prison | Denied absent unusual case (PC §1203.06 gun-use bars) | Yes — serious + violent |
| §246.3 Negligent Discharge | PC §246.3(a) | Wobbler — up to 1 yr jail or 16/2/3 state prison | Available | No |
| §246 Alt. County Jail Sentence | PC §246 | 6 mo to 1 yr county jail (rarely granted) | Available at DA's discretion | Still a strike |
Sentencing Enhancements
Gang Enhancement (§186.22)
PC §186.22(b)(4)(B)
§246 committed for a gang purpose triggers 15 years to life (People v. Lopez).
Personal Firearm Use (§12022.53)
PC §12022.53(b)(c)(d)
+10 yrs for use; +20 for firing; +25-to-life if great bodily injury or death results.
Great Bodily Injury (§12022.7)
PC §12022.7
Additional 3–6 years when a §246 shooting inflicts GBI on a non-accomplice victim.
Additional Consequences Beyond Prison
- Serious + violent felony — counts as two strike priors under Three Strikes (§667(e))
- 85% actual custody time under §2933.1
- Lifetime state and federal firearm bans
- Immigration: aggravated crime of violence — mandatory removal
- Restitution to victim under PC §1202.4
- Probation prohibited absent unusual case (§1203.06)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §246 Shooting at Inhabited Dwelling or Vehicle Charges
§246 defenses attack the shooter's identity, malice, and target status.
Mistaken Identification
Drive-by cases rely heavily on eyewitness ID; cross-racial identification, poor lighting, and gang-informant testimony are all impeachable.
Identity
Not Fired AT the Structure
Shots fired near but not directed at the dwelling — People v. Overman (2005) requires firing 'at' the target.
Directional
Not Inhabited / Not Occupied
Abandoned property, unoccupied vehicle, or vacant building takes the case out of §246 and into §246.3.
Target Status
Self-Defense
Reasonable belief of imminent deadly danger negates malice — the classic §246 defense when the shooting followed a threat.
Justification
PC §246.3 Reduction
Negotiate the strike offense down to §246.3 (wobbler, no strike) — the single most valuable outcome short of dismissal.
Strike Removal
Constitutional Sources
07 — Court Process
How PC §246 Shooting at Inhabited Dwelling or Vehicle Cases Move Through Los Angeles Courts
§246 cases are calendared as the most serious felonies in the district courts.
- 1
Step 1 — Scene / Shell Casing Recovery
LAPD / LASD ballistics recover shell casings and reconstruct trajectory — the physics of the shooting is often defense-friendly.
- 2
Step 2 — Arrest & Search
Home and vehicle searches for firearms, phones, and gang indicia.
- 3
Step 3 — Filing Decision
DA elects between §246 (strike) and §246.3 (wobbler) — the decision often controls the entire case.
- 4
Step 4 — Arraignment / Bail
Bail typically $500K+ on §246 with gang and gun enhancements; hold-without-bail under Prop 8 possible.
- 5
Step 5 — Preliminary Hearing
Ballistics, ID evidence, and gang expert testimony litigated.
- 6
Step 6 — Motion Practice
§1538.5 suppression, Pitchess for officer misconduct, motion to strike the §186.22 gang allegation under People v. Prunty.
- 7
Step 7 — Trial or Plea
§246.3 negotiated pleas eliminate the strike; §17(b) is unavailable because §246 is a straight felony.
- 8
Step 8 — Sentencing / Enhancements
Serious + violent felony sentencing; strike priors and Romero motions litigated.
Los Angeles Courts That Handle PC §246 Shooting at Inhabited Dwelling or Vehicle Cases
§246 is heard on serious-felony calendars countywide.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Shooting at Inhabited Dwelling or Vehicle Defense Attorney
Daniel S. Rubin has defended clients charged with shooting at inhabited dwelling or vehicle and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §246 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Shooting at Inhabited Dwelling or Vehicle Cases Throughout LA County
See our full Shooting at Inhabited Dwelling or Vehicle defense practice
09 — FAQs
PC §246 Shooting at Inhabited Dwelling or Vehicle Questions — Los Angeles
Is §246 a strike?
Yes. §246 is both a serious felony (PC §1192.7(c)(33)) and a violent felony (PC §667.5(c)(9)), and it counts as a strike under Three Strikes.
Do I have to hit anyone for §246?
No. §246 requires only that the firearm be discharged AT the inhabited/occupied target — no injury or hit required.
What is the difference between §246 and §246.3?
§246 is malicious/willful firing at an inhabited target — strike offense. §246.3 is grossly negligent discharge in a public place that could result in injury — wobbler, no strike.
Does §246 carry gang enhancement?
It frequently does. §186.22(b)(4)(B) elevates gang-motivated §246 to 15 years to life. Attacking the gang predicate under People v. Prunty is central to the defense.
Available 24/7 — Free Consultation
Charged With PC §246 Shooting at Inhabited Dwelling?
§246 is a strike carrying 3–7 years plus gang and firearm enhancements up to life. Rubin Law, P.C. defends LA §246 cases and negotiates §246.3 reductions. Call (213) 723-2337.