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
4 Answers from Attorneys
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.
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.
It's illegal. Good luck with the self defense argument with that raccoon.
Look up (10-20-Life)
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