My first blog post on Tribe (Whither The Bunny? Wherefore The Doc?) described an unexpected encounter I had with the good folks at Elk Grove PD after firing off a few shells from a handgun and shotgun. I received a ticket (like a speeding ticket) from an officer indicating I would be charged with a misdemeanor under section 246.3(a) of CPC, and that I am required to appear in court on April 6th (presumably to enter a plea). 246.3(a) reads as follows:
"Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison."

My feeling is that I ought to plead not guilty, and then make it the job of the police to prove I was "grossly negligent" in discharging the firearms, and in addition to prove that it was done in a manner "which could result in injury or death to a person." I believe that if they cannot prove either of those, and most especially both, that the case must be dismissed.

I found an interesting case note that expands upon this, which may go towards bolstering a defense grounded on the fact that care was taken in selecting a direction in which to shoot (i.e. not grossly negligent) and that there were no people around to be potentially injured. It is as follows:
"In People v. Overman (2005) 126 Cal.App.4th 1344, the court addressed as an issue of first impression whether section 246.3 is a lesser included offense of section 246. (Although defendant was tried several months after Overman was decided, the case was apparently not cited to the trial court.) The Overman court reasoned: “When a defendant shoots at an inhabited dwelling house, occupied building, or other target listed in section 246, the defendant discharges a firearm in a manner that has the potential for culminating in personal injury or death. Shooting at an inhabited dwelling house, for example, whether occupied or not, necessarily poses a significant likelihood or ‘high probability’ that personal injury or death will result, because people ‘“are generally in or around the premises.”’ [Citation.] The same significant risk of personal injury or death is present when a defendant shoots at any other target listed in section 246. “Unlike section 246, section 246.3 does not require that an inhabited dwelling, occupied building, or any other specific target be in the defendant’s firing range. But like section 246, section 246.3 involves discharge of a firearm under circumstances presenting a significant risk that personal injury or death will result. Section 246 proscribes discharging a firearm at specific targets, the act of which presumably presents a significant risk that personal injury or death will result. Section 246.3 proscribes discharging a firearm in any grossly negligent manner which presents a significant risk that personal injury or death will result. “The only difference between sections 246 and 246.3 is that section 246 requires that a specific target (e.g., an inhabited dwelling or an occupied building) be in the defendant’s firing range. Section 246[.3] does not include this requirement. Both crimes, however, involve the intentional discharge of a firearm in a grossly negligent manner which presents a significant risk that personal injury or death will result.” (People v. Overman, supra, 126 Cal.App.4th at pp. 1361–1362.)"

My contention is that I fired the handgun and shotgun at a target (old tin can) behind which was a large empty field (I'll get dimensions for it, as I intend to find out if the far end of the field was even within the range of the handgun or shotgun), at the far side of which was a large, extended earth mound. I was careful to ensure that no houses or vehicles were within my line of fire, and that there were no people visible. I believe, therefore, that I was not "grossly negligent", and I further believe the circumstances were not such that they presented a significant risk of death or injury to anyone. I'd challenge the police to prove otherwise.

Anybody with legal expertise have any thoughts or advice?

I'm naturally keen to avoid being prosecuted as the penalty can be harsh - an example is provided in this case, which I would very much like to avoid happening to me, given I'm here in the US on a green card: www.ca9.uscourts.gov/ca9/new...0529.pdf