Shooting From a Motor Vehicle – California Penal Code 26100 PC

What Is California Penal Code 26100 PC?

California Penal Code 26100 PC makes it a crime to willfully and maliciously discharge a firearm from a motor vehicle, or to knowingly allow someone else to do so. This law is most commonly associated with what the public refers to as “drive-by shootings.” However, it also applies to situations where a vehicle is stationary, and the driver or passenger fires — or is allowed to fire — a weapon from inside the car.

The primary goal of this statute is to prevent gun violence and protect public safety, particularly in neighborhoods impacted by gang-related crime. Firing a weapon from a car, whether moving or parked, puts innocent lives at risk and is treated as a serious criminal act under California law.

In plain terms, PC 26100 covers three scenarios:

• A driver or vehicle owner knowingly allows someone to bring a gun into their car.

• A person willfully discharges a firearm from inside a vehicle.

• A driver or owner permits someone else to fire a weapon from their vehicle.

According to California Penal Code 26100:

“Any person who willfully and maliciously discharges a firearm from a motor vehicle, or who knowingly allows another to bring or discharge a firearm from their vehicle, is guilty of a crime.”

Depending on the circumstances — including whether shots were fired, if anyone was injured, or if the offense was linked to gang activity — PC 26100 can be charged as a misdemeanor or felony, and carries significant penalties, including incarceration.

Elements of the Crime

To secure a conviction under California Penal Code 26100 PC, the prosecution must prove specific legal elements beyond a reasonable doubt. These elements vary slightly depending on the defendant’s role — whether they were the person discharging the firearm or the driver/owner of the vehicle who permitted it.

Below are the key elements the prosecution must establish:

If the defendant fired the weapon from a vehicle:

• The defendant was inside a motor vehicle (as a driver or passenger);

• The defendant willfully and maliciously discharged a firearm from within or upon the vehicle;

• The act was done in a way that could cause injury or death to another person.

If the defendant allowed someone else to bring or fire a weapon:

• The defendant was the driver or owner of the motor vehicle;

• The defendant knowingly allowed another person to:

  • Bring a firearm into the vehicle, and/or

  • Discharge a firearm from inside or upon the vehicle;

• The firearm was discharged willfully and maliciously, creating a danger to public safety.

The phrase “willfully and maliciously” means the person acted intentionally and with wrongful purpose, not by accident or mistake.

Citation: Cal. Penal Code 26100
“Any person who willfully and maliciously discharges a firearm from a motor vehicle… or any driver or owner of a motor vehicle who knowingly permits another person to discharge any firearm from the vehicle is guilty of a crime.”

Penalties for Shooting from a Motor Vehicle Under PC 26100

1. Allowing someone to bring a firearm into a vehicle (without shooting):

• Misdemeanor offense

• Up to 6 months in county jail

• Fine: Up to $1,000

2. Allowing someone to discharge a firearm from a vehicle:

• Felony offense

• 16 months, 2 years, or 3 years in California state prison

• Fine: Up to $10,000

3. Personally firing a gun from a vehicle (“drive-by shooting”):

• Felony offense

• 3, 5, or 7 years in state prison

• Fine: Up to $10,000

• In some cases, additional sentencing enhancements may apply — especially if the act is gang-related, results in injury, or involves a firearm enhancement under Penal Code 12022.53.

Additional Consequences

• Loss of gun rights: A felony conviction will result in a lifetime ban on firearm ownership under California and federal law.

• Felony probation: The court may impose formal (supervised) probation in lieu of prison, but this depends on the facts and severity of the case.

• Immigration consequences: Because this is considered a crime involving moral turpitude and violence, non-citizens may face deportation or denial of reentry into the U.S.

• Permanent criminal record: A felony conviction stays on your record unless successfully expunged, which can impact employment, licensing, and housing opportunities.

Related Charges Often Filed With PC 26100

• [PC 245(a)(2) – Assault with a Deadly Weapon (Firearm)]
  Prosecutors may charge this if shots were fired at a person, regardless of injury.

• [PC 186.22 – Gang Enhancements]
  If the crime is alleged to benefit a criminal street gang, this enhancement can add 2 to 15 years to a sentence.

• [PC 25400 – Carrying a Concealed Firearm]
  Often charged when a firearm is found inside a vehicle, even if not discharged.

• [PC 25850 – Carrying a Loaded Firearm in Public]
  Common when officers discover a loaded gun during a vehicle stop.

• [PC 12022.53 – Firearm Use Enhancements]
  Adds mandatory prison time for personally using a firearm during the commission of certain felonies.

• [PC 29800 – Felon in Possession of a Firearm]
  Applies when someone is prohibited from possessing a firearm due to a prior felony.

• [VC 23110 – Throwing Objects at Vehicles]
  While not firearm-related, this is sometimes charged in reckless or violent vehicle-related offenses.

Legal Defenses to Penal Code 26100 PC Charges

If you were arrested for shooting from a motor vehicle under Penal Code 26100, our Los Angeles criminal defense attorney can evaluate your case and build a tailored strategy to fight the charges. Depending on the facts, we may be able to raise one or more of the following defenses:

You were not the shooter
Prosecutors must prove that you willfully and maliciously discharged a firearm from the vehicle — or allowed someone else to do so. If you were simply a passenger and did not fire the weapon, your attorney may argue you cannot be held legally responsible under PC 26100.

You had no knowledge that someone would shoot
If you were the driver or vehicle owner but didn’t know a passenger was armed or planning to fire a gun, you may not be criminally liable. Lack of intent is a strong defense — especially in situations where someone acted suddenly and without warning.

False accusation or mistaken identity
Eyewitness testimony is often unreliable in fast-moving incidents. If your vehicle was wrongly identified or you were falsely accused, we may be able to show you weren’t involved at all. Surveillance footage, alibi witnesses, or forensic evidence could support your defense.

Insufficient evidence to prove guilt
Like all criminal charges, a PC 26100 violation must be proven beyond a reasonable doubt. If the prosecution’s case relies solely on weak, circumstantial, or conflicting evidence, we will challenge its credibility and may push for dismissal or reduced charges.

The shooting was accidental
Penal Code 26100 requires that the firearm be discharged willfully and maliciously. If the shooting was accidental — such as during mishandling of the firearm — we may be able to argue that the required intent was not present, making the charge inappropriate.

You were not in the vehicle at the time
Sometimes police charge the registered owner of a vehicle involved in a drive-by, even if they weren’t present. If you had no control over the car when the incident occurred, we can present evidence to prove you were not involved.

Frequently Asked Questions About Drive-By Shooting Charges

Can I be arrested even if I didn’t pull the trigger?

Yes. You don’t have to fire the gun to face criminal charges. If you’re the driver or owner of the vehicle and prosecutors believe you allowed someone to bring a firearm into the car or shoot from it, you could still be charged. These cases often come down to what you knew and what you allowed to happen.

Is this always a felony, or can it be a misdemeanor?

It depends. If someone actually fired the weapon from the vehicle, it’s usually charged as a felony. But if the charge is just about allowing someone to bring a gun into the car — and no shots were fired — it may be filed as a misdemeanor. The facts of your case will make a big difference, and an experienced attorney can often push for a reduction.

What if the shooting was accidental?

Accidents do happen, and in some situations, that may be a valid defense. The law requires that the gun be fired “willfully and maliciously,” so if it went off by mistake — without intent — your attorney may be able to challenge the charges or get them reduced.

Can this affect my immigration status?

Absolutely. Charges involving firearms and violence can lead to serious immigration consequences, including deportation or denial of legal status. If you’re not a U.S. citizen, it’s especially important to get legal representation right away.

Speak With a Los Angeles Criminal Defense Attorney Today

If you or a family member has been accused of discharging a firearm from a motor vehicle under California Penal Code 26100, you need to contact our office immediately. These cases are aggressively prosecuted in Los Angeles and can result in years of prison time, gang enhancements, and the permanent loss of gun rights.

Attorney Arash Hashemi has over 20 years of experience handling serious firearm-related offenses. He knows how prosecutors build these cases—and how to dismantle them. We’ve successfully defended clients accused of drive-by shootings, unlawful discharge of firearms, and related vehicle crimes throughout Los Angeles County.

We will review the facts of your case, assess the charges, and build an effective strategy to protect your rights and future. The first step is a free, confidential consultation.

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