California Domestic Violence Attorney
California Domestic Violence Defense
San Francisco San Mateo Marin Alameda Santa Clara Contra Costa
California Domestic Violence Lawyer Criminal Case Restraining Orders About our Firm Contact Us
Domestic Violence
Introduction
What to do First
Arrest
Finding Someone in Jail
Pretrial Release
Investigation
Criminal Case
Protective Orders
Restraining Orders
California Law
Constitution
Family Code
Penal Code
Section 136
Section 136.1
Section 136.2
Section 139
Section 140
Section 166
Section 236
Section 237
Section 240
Section 241
Section 242
Section 243
Section 243(e)
Section 243.4
Section 245
Section 262
Section 264
Section 264.2
Section 273.5
Section 273.6
Section 415
Section 417
Section 422
Section 646.9
Section 646.91
Section 646.91a
Section 1203.097
Caselaw
Federal Law
California Courts
Court Appointed Lawyers
Domestic Abuse
Treatment Programs
Invasion of Privacy
No Diversion
Punishment
Trial Issues
Frequently Asked Questions
We accept Visa, Mastercard, American Express and Discover.

Penal Code Section 417

California Penal Code Section 417 provides:

(a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

(2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows:

(A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

(B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.

(b) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in a rude, angry, or threatening manner, or who, in any manner, unlawfully uses any loaded firearm in any fight or quarrel upon the grounds of any day care center, as defined in Section 1596.76 of the Health and Safety Code, or any facility where programs, including day care programs or recreational programs, are being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility is open for use, shall be punished by imprisonment in the state prison for 16 months, or two or three years, or by imprisonment in a county jail for not less than three months, nor more than one year.

(c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, and who knows, or reasonably should know, by the officer’s uniformed appearance or other action of identification by the officer, that he or she is a peace officer engaged in the performance of his or her duties, and that peace officer is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for not less than nine months and not to exceed one year, or in the state prison.

(d) Except where a different penalty applies, every person who violates this section when the other person is in the process of cleaning up graffiti or vandalism is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than three months nor more than one year.
(e) As used in this section, “peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(f) As used in this section, “public place” means any of the following:

(1) A public place in an incorporated city.

(2) A public street in an incorporated city.

(3) A public street in an unincorporated area. [Amended by Stats. 2000, Ch. 478, Sec. 1. Effective January 1, 2001]