Does a negligent or involuntary act in discharging a firearm not otherwise being used on a human being constitute a "use" within section 1203.5 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Cazares, 190 Cal.App.3d 833, 235 Cal.Rptr. 604 (Cal. App. 1987):

"Southack and Alotis hold that a negligent or involuntary act in discharging a firearm not otherwise being used on a human being does not constitute a use within the meaning of section 1203. This is not to say, however, that a negligent or involuntary discharge of a firearm being used to cause harm or fear of harm would excuse the unlawful use. We conclude that the meaning of the term 'use' as employed in sections 1203 and 12022.5 is consistent." (People v. Chambers, supra, 7 Cal.3d 666, 673-674, 102 Cal.Rptr. 776, 498 P.2d 1024, fn. omitted; emphasis added.)

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