Cal Pen Code § 417 (2004)
§ 417. Brandishing a weapon
(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.