California Penal Code §245a2

Assault with a Firearm

Under California Law assaulting with a firearm is defined as assaulting a victim with the use of a

• Any Assault weapon
• Semiautomatic firearm
• Automatic firearm
• Pistol

The assault can be either

• Shooting the victim
• Hitting them or “pistol-whipping” the victim with the firearm
• discharging the gun at the victim
• aiming the firearm at the victim

California Code, Penal Code – PEN § 245a2

(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.