Legal Question in Criminal Law in California

Need to know the legality of discharging a registered weapon (pistol) from one's own house into one's yard at a wild animal (raccoon) - there are neighbors within several hundred yards - no one was injured


Asked on 7/08/10, 11:56 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Well, obviously if someone complains and reports, you could be charged with criminal reckless/negligent discharge, public endangerment, etc. There are a range of charges available to prosecutors if they are motivated to look. It applicable, then also violation of other local and state ordinance[s] and laws regarding time and place use. Your 'registration' implies you are not legally barred from possession; if you were a 'prohibited person', you'd face state and federal felonies for the mere possession. If someone claims you harmed, damaged or threatened them, they could sue you.

Use of a firearm creates liability risk anytime done without regard to 'laws' or safe handling rules like the NRA guidelines explain.

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Answered on 7/08/10, 4:04 pm
Terry A. Nelson Nelson & Lawless

As an additional comment: There is no such thing as a gun 'accident' or 'accidental discharge'. There are only negligent acts and negligent discharges. The same applies to automobile collisions; they are not 'accidents', but the consequences of negligent driving by at least one participant.

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Answered on 7/08/10, 4:07 pm
Anthony Roach Law Office of Anthony A. Roach

It's illegal. Good luck with the self defense argument with that raccoon.

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Answered on 7/08/10, 7:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Look up (10-20-Life)

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Answered on 7/08/10, 9:56 pm


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