Offense
c) discharge firearm from vehicle at another person other than occupant of car
Aggravated Felony (AF)
Arguably not AF as COV because it has the same mens rea as PC 246, which was held not to be a COV. Still, best practice always is to try to get 364 days or less. See PC 246
Crime Involving Moral Turpitude (CIMT)
Very likely to be held a CIMT1Because PC 246 and 26100(c) involve similar elements, immigration officers are likely to find that PC 26100(c) will be controlled by the Ninth Circuit‘s decision that PC 246 is a CIMT. See Lemus-Escobar v. Bondi, 158 F.4th 944 (9th Cir. 2025), amending and superseding opinion at 140 F.4th 1079 (9th Cir. 2025). However, immigration advocates can explore arguments that were not addressed in Lemus-Escobar, including that unlike 245(a)(2), PC 26100(c) does not require the “”present ability to injure”” another person, only the appearance of such. See People v. Licas (2007) 41 Cal.4th 362 (explaining why 245(a)(2) is not a lesser included of former 12034(c), now 26100(c)). The Court held that ”shooting at” someone includes at a person who is too far away to actually be hit, whereas a 245 conviction could be sustained for shooting at, unbeknownst to the defendant, a bulletproof window within striking distance. Therefore, there is arguably no ”direct“ or “substantial risk of bodily harm” where there is no required “”present ability to injure” them.
Other Removal Grounds
26100(c) refers to “any firearm” which should not be deportable.
Advice and Comments
SB54: Felony 26100(c) permits cooperation indefinitely. See SB 54 advisory at www.ilrc.org/crimes-summaries
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.