Offense
(a) permit other person to carry prohibited firearm in vehicle;
(b) permit other person to discharge firearm from vehicle
(d) discharge firearm from a vehicle
Aggravated Felony (AF)
Not an AF
Crime Involving Moral Turpitude (CIMT)
Arguably not CIMT: general intent crime without an intent to harm anyone or necessarily likely to cause injury1See People v. Laster (App. 4 Dist. 1997) 52 Cal.App.4th 1450, rehearing denied, review denied.
Other Removal Grounds
26100(a) may be divisible so must plead specifically to a 25850 weapon to avoid a possible deportable firearms offense. 160Section (a) refers to both 25850, which includes antiques and to F&G § 2006, which presumably does not.
26100(b) and (d) refers to “any firearm” which should not be deportable.
Advice and Comments
PC 26100
Sec. (b) is a felony and could be an alternative to 246 or 246.3, since it doesn’t require a risk of injury or death.
SB54: As a straight misdemeanor, law enforcement cooperation with ICE is not permitted for 26100(a). Felony 26100(b)- and (d) permit notice + transfer to ICE indefinitely. See SB 54 advisory at www.ilrc.org/crimes-summaries