False allegations / wrongful arrest
That last example brings up an important point. The purpose of Penal Code section 417 is to avoid escalating confrontations. Things tend to go very badly when someone pulls out a knife or other deadly weapon or a gun and that is the very result this law seeks to avoid and that really is a good thing. However, this law can be charged perhaps to easily. So you want to avoid those situations, such as mentioned, drawing or exhibiting a firearm in the presence of someone who has a personal grievance against you. If your ex is coming over the drop the kids off, it is not the time to start cleaning your guns. You’ll want to do that at another time to avoid being falsely accused of this crime.
Penalties, Punishment, and Sentencing for Penal Code 417 PC
The punishment for this crime depends on the circumstances and your criminal history.
Misdemeanor sentencing for brandishing a weapon
In every case, the minimum amount of jail time to be imposed for being convicted of violating Penal Code 417 is 30 days (however, it is likely you would be give “half-time” on this; meaning you would end up serving only 15 to 17 days.) Other circumstances are:
If in a public place and the firearm is capable of being concealed on your person, then the minimum amount of jail is three months to a year along with a $1,000 fine.
If a loaded firearm is drawn and exhibited in a rude or threatening manner during a fight or in the presence of others on the grounds of a daycare, non-profit, or health care facility, the crime is punishable as a felony, exposing you to up to three years in prison, or as a misdemeanor and punishable with three months to a year in jail.