Drive-by Shooting from a Motor Vehicle | Penal Code § 26100

Description

It is a crime to discharge a firearm from a motor vehicle and violators may be charged with Drive-by Shooting from a Motor Vehicle. Allowing a passenger to bring a weapon into your car is a misdemeanor, but if circumstances, such as property damage or injury apply, the crime may be charged as a felony. A conviction could result in revocation of your right to own a gun.

What does the prosecutor have to prove?

1. Defendant was a driver or an owner of a motor vehicle.
2. Defendant allowed a firearm to be brought into or carried into said vehicle by another person. [PC 26100(a)]

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	Yes