as amended, Ting.
begin deletePublic safety: gun violence. end delete
Existing law provides that the Legislature finds and declares that it is the right of every person, regardless of race, color, creed, religion, national origin, gender, gender identity, gender expression, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals.end delete
This bill would state the intent of the Legislature to enact legislation that would ensure that Californians are not at undue risk of gun violence.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
begin deleteExcept as provided in Section 25105, a end deleteperson
4commits the crime of “criminal storage of a
begin delete firearm of the first if all of the following conditions are satisfied:
6(1) The person keeps any loaded firearm within any premises
7that are under the person’s custody or control.
begin deleteThe end deleteperson knows or reasonably
2should know that a child is likely to gain access to the firearm
3without the permission of the child’s parent or legal
begin delete guardianend delete
6(3) The child obtains access to the firearm and thereby causes
7death or great bodily injury to the child or any other person.
8(b) Except as provided in Section 25105, a person commits the
9crime of “criminal storage of a firearm of the second degree” if
10all of the following conditions are satisfied:
11(1) The person keeps any loaded firearm within any premises
12that are under the person’s custody or control.
13(2) The person knows or reasonably should know that a child
14is likely to gain access to the firearm without the permission of
15the child’s parent or legal guardian.
16(3) The child obtains access to the firearm and thereby causes
17injury, other than great bodily injury, to the child or any other
18person, or carries the firearm either to a public place or in violation
19of Section 417.
Section 25100 does not apply whenever any of the
26(a) The child obtains the firearm as a result of an illegal entry
27to any premises by any person.
28(b) The firearm is kept in a locked container or in a location
29that a reasonable person would believe to be secure.
30(c) The firearm is carried on the person or within close enough
31proximity thereto that the individual can readily retrieve and use
32the firearm as if carried on the person.
33(d) The firearm is locked with a locking device, as defined in
34Section 16860, which has rendered the firearm inoperable.
35(e) The person is a peace officer or a member of the Armed
36Forces or the National Guard and the child obtains the firearm
37during, or incidental to, the performance of the person’s duties.
38(f) The child obtains, or obtains and discharges, the firearm in
39a lawful act of self-defense or defense of another person.
P4 1(g) The person who keeps a loaded firearm on premises that are
2under the person’s custody or control has no reasonable
3expectation, based on objective facts and circumstances, that a
4child is likely to be present on the premises.
begin delete(a)end delete begin delete end deleteCriminal storage of a firearm begin delete in the first degreeend delete is
13punishable by imprisonment pursuant to subdivision (h) of Section
141170 for 16 months, or two or three years, by a fine not exceeding
15ten thousand dollars ($10,000), or by both that imprisonment and
16fine; or by imprisonment in a county jail not exceeding one year,
17by a fine not exceeding one thousand dollars ($1,000), or by both
18that imprisonment and fine.
19(b) Criminal storage of a firearm in the second degree is
20punishable by imprisonment in a county jail not exceeding one
21year, by a fine not exceeding one thousand dollars ($1,000), or by
22both that imprisonment and fine.
It is the intent of the Legislature to enact
33legislation that would ensure that Californians are not at undue
34risk of gun violence.