417 PC Explained: Brandishing a Weapon in California

California Penal Code section 417 makes it a crime, except in self-defense, to draw or exhibit a deadly weapon or a firearm in the presence of another person in a rude, angry, or threatening manner, or to unlawfully use one in a fight or quarrel. The official jury instructions call this "brandishing."

This page goes through each subdivision of section 417, what the prosecution has to prove under the misdemeanor jury instruction, and the penalties, which differ sharply depending on the weapon, the place, and who was present. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 417 PC says

417(a)(1): deadly weapon other than a firearm

"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."

417(a)(2): firearm

Paragraph (2) covers the same conduct with "any firearm, whether loaded or unloaded." Its punishment depends on where it happened and the type of firearm:

• 417(a)(2)(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," county jail for not less than three months and not more than one year, a fine up to $1,000, or both.
• 417(a)(2)(B): in all other cases, "a misdemeanor, punishable by imprisonment in a county jail for not less than three months."

Subdivision (f) defines "public place" for this section as a public place in an incorporated city, a public street in an incorporated city, or a public street in an unincorporated area.

417(b): loaded firearm at a day care center or youth program

Subdivision (b) applies to drawing or exhibiting "any loaded firearm" in a rude, angry, or threatening manner, or unlawfully using one in a fight or quarrel, except in self-defense, "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."

417(c): in the presence of a peace officer

"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 for 16 months, or two or three years."

Subdivision (e) says "peace officer" means anyone designated as one in Chapter 4.5 of Title 3 of Part 2 of the Penal Code, which begins at section 830.

417(d): graffiti or vandalism cleanup

"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."

What the prosecution has to prove

The official jury instruction for 417(a)(1) and (a)(2) is CALCRIM No. 983, "Brandishing Firearm or Deadly Weapon: Misdemeanor," published by the Judicial Council of California (2026 edition). The prosecution must prove that:

1. The defendant drew or exhibited a firearm or deadly weapon in the presence of someone else.
2. Either the defendant did so in a rude, angry, or threatening manner, or the defendant (unlawfully) used the firearm or deadly weapon in a fight or quarrel.

When self-defense or defense of another is at issue, a third element requires proof that the defendant did not act in self-defense or in defense of someone else. California's self-defense rules are covered in California self-defense laws.

When 417(a)(2)(A) is charged, the notes to CALCRIM No. 983 say the court must also give CALCRIM No. 984, the instruction for brandishing a firearm as a misdemeanor in a public place. This page does not quote its elements.

The instruction's optional definitions include:

"A deadly weapon is any object, instrument, or weapon [that is inherently deadly or one] that is used in such a way that it is capable of causing and likely to cause death or great bodily injury."

"A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion."

An object is inherently deadly "if it is deadly or dangerous in the ordinary use for which it was designed," and jurors consider all the surrounding circumstances in deciding whether an object is a deadly weapon. The instruction also includes the line "It is not required that the firearm be loaded."

A separate instruction, CALCRIM No. 981, is titled "Brandishing Firearm in Presence of Peace Officer (Pen. Code, § 417(c) & (e))." This page does not quote its elements.

Penalties under 417 PC

Subdivisions (a)(1) and (a)(2)(B) state a minimum jail term and do not themselves state a maximum term or a fine.

Misdemeanor or felony?

Subdivisions (a)(1), (a)(2)(B), and (d) call the offense a misdemeanor in their own words. Subdivision (a)(2)(A) does not use the word, but it allows only county jail and a fine, so it falls outside Penal Code section 17(a)'s definition of a felony: a crime "punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170."

Subdivisions (b) and (c) each allow either state prison or county jail, so they can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when such an offense becomes a misdemeanor for all purposes, including after a judgment imposing a punishment other than state prison or county jail under section 1170(h), when the court grants probation and declares it a misdemeanor, and when the prosecutor files a misdemeanor complaint and the defendant does not object.

Penal Code section 417.6(a) adds a rule that reaches any 417 violation, including (a)(1) and (a)(2): if, in the commission of the violation, serious bodily injury is intentionally inflicted by the person drawing or exhibiting the firearm or deadly weapon, the offense is punishable by imprisonment in the county jail not exceeding one year or in state prison. Section 417.6(b) defines serious bodily injury as a serious impairment of physical condition, including loss of consciousness, concussion, bone fracture, a wound requiring extensive suturing, and serious disfigurement.

Two neighboring sections are graded on their own terms. Section 417.3 covers drawing or exhibiting a firearm, loaded or unloaded, except in self-defense, in the presence of an occupant of a motor vehicle proceeding on a public street or highway, in a threatening manner against another person in a way that would cause a reasonable person apprehension or fear of bodily harm. It says the person "is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years," or that term and a $3,000 fine. Section 417.8 covers drawing or exhibiting a firearm or other deadly weapon "with the intent to resist or prevent the arrest or detention of himself or another by a peace officer," punished by state prison for two, three, or four years.

Penal Code section 1192.7(c), the serious felony list, does not name section 417. Other items on that list can still apply to a felony where their own terms are met, such as (c)(8), "any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm." How that applies in a given case is outside this page.

Related sections

• Penal Code section 245 (assault with a deadly weapon). Assault with a deadly weapon or firearm is a separate offense; see our PC 245 explainer.
• Penal Code section 422 (criminal threats). See our PC 422 explainer.
• Penal Code section 417.6. Serious bodily injury intentionally inflicted during a 417 or 417.8 violation: county jail up to one year or state prison. Official text.
• Penal Code section 417.3. A firearm drawn or exhibited in a threatening manner in the presence of an occupant of a motor vehicle on a public street or highway, as the section describes: a felony under its text. Official text.
• Penal Code section 417.8. A firearm or other deadly weapon drawn or exhibited with intent to resist or prevent arrest or detention by a peace officer: state prison for two, three, or four years. Official text.
• Penal Code section 17. Felony and misdemeanor classification. Official text.
• Penal Code section 1192.7. The serious felony list quoted above. Official text.

The official history note for section 417 reads: "Amended by Stats. 2011, Ch. 15, Sec. 347. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68."

Other statute explainers are collected in our statutes library.

What happens after an arrest for 417 PC

A "417" or "417(a)(2)" on a booking record is the arresting agency's charge. The prosecutor decides which subdivision, if any, to file, and, for subdivisions (b) and (c) or for any 417 charge where section 417.6(a) applies, whether to file it as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charge is read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California knife laws covers carrying and possession rules for bladed weapons.

Disclaimer

This page explains what California Penal Code section 417 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. The weapon, the place, and who was present all change how a 417 charge is graded, so anyone facing one should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is brandishing a felony in California?

It depends on the subdivision. 417(a)(1), (a)(2)(B), and (d) are misdemeanors by their own terms, and (a)(2)(A) allows only county jail and a fine. 417(b), a loaded firearm at a day care or youth program facility, and 417(c), a firearm in the presence of a peace officer, each allow either state prison or county jail, so they can be handled as a misdemeanor or a felony. Under section 417.6(a), any 417 violation in which the person drawing or exhibiting the weapon intentionally inflicts serious bodily injury is punishable by county jail up to one year or state prison. Two separate sections are graded on their own terms: section 417.3, a firearm drawn in a threatening manner in the presence of an occupant of a motor vehicle on a public street or highway, is a felony under its text, and section 417.8, a firearm or other deadly weapon drawn with intent to resist or prevent arrest or detention by a peace officer, carries state prison for two, three, or four years.

What is 417(a)(2) PC?

Drawing or exhibiting a firearm, loaded or unloaded, in the presence of another person in a rude, angry, or threatening manner, or unlawfully using a firearm in a fight or quarrel, except in self-defense. With a concealable firearm in a public place, the range is county jail for three months to one year, a fine up to $1,000, or both; otherwise it is a misdemeanor with a minimum of three months in county jail.

What is 417(a)(1) PC?

Drawing or exhibiting a deadly weapon other than a firearm in the presence of another person in a rude, angry, or threatening manner, or unlawfully using one in a fight or quarrel, except in self-defense. It is a misdemeanor punishable by county jail for not less than 30 days. If the person drawing or exhibiting the weapon intentionally inflicts serious bodily injury, section 417.6(a) makes the offense punishable by county jail up to one year or state prison.

Does the gun have to be loaded for a brandishing charge?

Not for 417(a)(2) or 417(c), which both say whether loaded or unloaded, and CALCRIM No. 983 includes the line that it is not required that the firearm be loaded. 417(b), the day care and youth program version, applies to a loaded firearm.

What is the penalty for brandishing a gun at a police officer in California?

Under 417(c), when the person knows or reasonably should know the officer is a peace officer performing their duties, county jail for nine months to one year, or state prison for 16 months, two, or three years.

Is self-defense a defense to 417 PC?

Subdivisions (a) and (b) apply except in self-defense, and CALCRIM No. 983 adds an element, when the issue is raised, requiring proof that the defendant did not act in self-defense or in defense of someone else.