Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 231


Introduced by Assembly Members Ting and Gomez

February 5, 2013


An actbegin delete relatingend delete tobegin delete public safetyend deletebegin insert amend Sections 25100 and 25110 of, and to repeal and add Section 25105 of, the Penal Code, relating to firearmsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 231, as amended, Ting. begin deletePublic safety: gun violence. end deletebegin insertFirearms: criminal storage.end insert

begin insert

Existing law establishes the offenses of criminal storage of a firearm in the first degree when a child obtains access to a person’s loaded firearm resulting in death or great bodily injury, as specified, and criminal storage of a firearm in the 2nd degree, where the child obtains access to the firearm resulting in injury other than great bodily injury or the firearm is carried off premises, as specified. Existing law provides several exceptions to these offenses, including, among others, when a child obtains the firearm as a result of illegal entry to the premises, when the firearm is locked with a locking device, or when a child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person. Existing law makes the first degree offense punishable as a felony or misdemeanor with specified penalties and makes the 2nd degree offense punishable as a misdemeanor with specified penalties.

end insert
begin insert

This bill would recast those offenses to make it a crime for a person to keep a loaded firearm within any premises under his or her custody or control and a child obtains access to a person’s loaded firearm, as specified, and would not require that the firearm be carried off premises or result in any injury or death. The only exception to the offense would be when a child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person. The bill would make the offense punishable as a felony or a misdemeanor with specified penalties. The bill would make a person who owns a firearm strictly liable for each incidence of property damage, bodily injury, or death resulting from the use of his or her firearm. This bill would provide that strict liability does not apply if the owner of the firearm has reported his or her firearm to local law enforcement as lost or stolen. By expanding the definition of a crime and imposing additional duties as local prosecutors, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin 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
begin 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

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 25100 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

25100.  

(a) begin deleteExcept as provided in Section 25105, a end deletebegin insertA end insertperson
4commits the crime of “criminal storage of abegin delete firearm of the first
5degree”end delete
begin insert firearm”end insert 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.

P3    1(2) begin deleteThe end deletebegin insertRegardless of whether the end insertperson 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 legalbegin delete guardianend delete
4begin insert guardian, a child does obtain access to the firearm without
5permission of the child’s parent or legal guardianend insert
.

begin 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.

end delete
begin delete

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:

end delete
begin delete

11(1) The person keeps any loaded firearm within any premises
12that are under the person’s custody or control.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin insert

20(b) This section does not apply when the child obtains, or obtains
21and discharges, the firearm in a lawful act of self-defense or
22defense of another person.

end insert
23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25105 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
24

25105.  

Section 25100 does not apply whenever any of the
25following occurs:

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.

end delete
5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25105 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
6

begin insert25105.end insert  

(a) A person who owns a firearm shall be strictly liable
7for each incidence of property damage, bodily injury, or death
8resulting from the use of his or her firearm.

9(b) This section does not apply if the owner of the firearm
10reports the firearm to local law enforcement as lost or stolen.

end insert
11begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 25110 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

12

25110.  

begin delete(a)end deletebegin deleteend deleteCriminal storage of a firearmbegin 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.

begin delete

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.

end delete
23begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.

end insert
begin delete
32

SECTION 1.  

It is the intent of the Legislature to enact
33legislation that would ensure that Californians are not at undue
34risk of gun violence.

end delete


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