In what circumstances will section 246 of the Criminal Code prohibit the discharge of a firearm within a motor vehicle by a person standing outside the periphery of the vehicle?

California, United States of America


The following excerpt is from People v. Manzo, 11 Cal. Daily Op. Serv. 1486, 121 Cal.Rptr.3d 207, 192 Cal.App.4th 366, 2011 Daily Journal D.A.R. 17 (Cal. App. 2011):

In so interpreting section 246, we are aware of, and have considered the reasoning in, People v. Jones (2010) 187 Cal.App.4th 266, 113 Cal.Rptr.3d 729, which reached a contrary conclusion in similar circumstances based on the location of the person, rather than the firearm, at the time of discharge. However, People v. Jones did not address whether section 246' s language could be reasonably construed in the manner in which we have construed it. Therefore, that case did not address whether the rule of lenity would, or should, apply to require construction of section 246 as discussed above. In any event, to the extent People v. Jones concluded, expressly or implicitly, section 246's language clearly and unambiguously prohibits the discharge of a firearm within an occupied motor vehicle by a person standing outside the periphery of the vehicle, we disagree with its reasoning and decline to follow its holding.

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