Amended in Senate August 12, 2013

Amended in Assembly May 6, 2013

Amended in Assembly April 18, 2013

Amended in Assembly April 11, 2013

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 act to amend Sections 25100begin delete andend deletebegin insert,end insert 25110begin insert, and 26835end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 231, as amended, Ting. Firearms: criminal storage.

Existing law establishes the offenses of criminal storage of a firearm in the first degreebegin insert,end insert whenbegin insert a person keeps a loaded firearm within any premises under his or her custody or control, the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or guardian, andend insert 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,begin delete whereend deletebegin insert when under those circumstances,end insert the child obtains access to the firearm resulting in injury other than great bodily injury or the firearm is carried off premises, as specified.begin delete 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.end delete 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.

This bill would establish the offense of criminal storage of a firearm in the 3rd degreebegin insert,end insert when a person keeps a loaded firearm within any premises under his or her custody or control and negligently stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearmbegin insert without the permission of the child’s parent or legal guardianend insert, unless reasonable action is taken by the person to secure the firearm against access by the child. The bill would make the offense punishable as a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program.

begin insert

Existing law requires a firearms dealer to conspicuously post specified warnings in the dealer’s licensed premises, including, among others, warnings regarding the criminal storage of firearms and the penalties for those offenses.

end insert
begin insert

This bill would make conforming changes to those required warnings to reflect the offense of criminal storage of a firearm in the 3rd degree.

end insert
begin insert

This bill would incorporate changes to Section 25100 of the Penal Code proposed by SB 363 that would become operative if this bill and SB 363 are both chaptered and this bill is chaptered last.

end 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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 25100 of the Penal Code is amended to
2read:

3

25100.  

(a) Except as provided in Section 25105, a person
4commits the crime of “criminal storage of a firearm in the first
5degree” if all of the following conditions are satisfied:

P3    1(1) The person keeps any loaded firearm within any premises
2that are under the person’s custody or control.

3(2) The person knows or reasonably should know that a child
4is likely to gain access to the firearm without the permission of
5the child’s parent or legal guardian.

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 in the second degree” if all
10of 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.

20(c) Except as provided in Section 25105, a person commits the
21crime of “criminal storage of a firearm in the third degree” if the
22person keeps any loaded firearm within any premises that are under
23the person’s custody or control and negligently stores or leaves a
24loaded firearm in a location where the person knows, or reasonably
25should know, that a child is likely to gain access to the firearm
26begin insert without the permission of the child’s parent or legal guardianend insert,
27unless reasonable action is taken by the person to secure the firearm
28against access by the child.

29begin insert

begin insertSEC. 1.5.end insert  

end insert

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

30

25100.  

(a) Except as provided in Section 25105, a person
31commits the crime of “criminal storage of a firearmbegin delete ofend deletebegin insert inend insert the first
32degree” if all of the following conditions are satisfied:

33(1) The person keeps any loaded firearm within any premises
34that are under the person’s custody or control.

35(2) The person knows or reasonably should know that a child
36is likely to gain access to the firearm without the permission of
37the child’s parent or legal guardianbegin insert, or that a person prohibited
38from possessing a firearm or deadly weapon pursuant to state or
39federal law is likely to gain access to the firearmend insert
.

P4    1(3) The child obtains access to the firearm and thereby causes
2death or great bodily injury to the child or any other personbegin insert, or the
3person prohibited from possessing a firearm or deadly weapon
4pursuant to state or federal law obtains access to the firearm and
5thereby causes death or great bodily injury to himself or herself
6or any other personend insert
.

7(b) Except as provided in Section 25105, a person commits the
8crime of “criminal storage of a firearmbegin delete ofend deletebegin insert inend insert the second degree”
9if all of the following conditions are satisfied:

10(1) The person keeps any loaded firearm within any premises
11that are under the person’s custody or control.

12(2) The person knows or reasonably should know that a child
13is likely to gain access to the firearm without the permission of
14the child’s parent or legal guardianbegin insert, or that a person prohibited
15from possessing a firearm or deadly weapon pursuant to state or
16federal law is likely to gain access to the firearmend insert
.

17(3) The child obtains access to the firearm and thereby causes
18injury, other than great bodily injury, to the child or any other
19person, or carries the firearm either to a public place or in violation
20of Section 417begin insert, or the person prohibited from possessing a firearm
21or deadly weapon pursuant to state or federal law obtains access
22to the firearm and thereby causes injury, other than great bodily
23injury, to himself or herself or any other person, or carries the
24firearm either to a public place or in violation of Section 417end insert
.

begin insert

25(c) Except as provided in Section 25105, a person commits the
26crime of “criminal storage of a firearm in the third degree” if the
27person keeps any loaded firearm within any premises that are
28under the person’s custody or control and negligently stores or
29leaves a loaded firearm in a location where the person knows, or
30reasonably should know, that a child is likely to gain access to the
31firearm without the permission of the child’s parent or legal
32guardian, unless reasonable action is taken by the person to secure
33the firearm against access by the child.

end insert
34

SEC. 2.  

Section 25110 of the Penal Code is amended to read:

35

25110.  

(a) Criminal storage of a firearm in the first degree is
36punishable by imprisonment pursuant to subdivision (h) of Section
371170 for 16 months, or two or three years, by a fine not exceeding
38ten thousand dollars ($10,000), or by both that imprisonment and
39fine; or by imprisonment in a county jail not exceeding one year,
P5    1by a fine not exceeding one thousand dollars ($1,000), or by both
2that imprisonment and fine.

3(b) Criminal storage of a firearm in the second degree is
4punishable by imprisonment in a county jail not exceeding one
5year, by a fine not exceeding one thousand dollars ($1,000), or by
6both that imprisonment and fine.

7(c) Criminal storage of a firearm in the third degree is punishable
8as a misdemeanor.

9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 26835 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

10

26835.  

A licensee shall post conspicuously within the licensed
11premises the following warnings in block letters not less than one
12inch in height:

13

14(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
15PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
16A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
17USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
18IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
19MISDEMEANOR OR A FELONY UNLESS YOU STORED
20THE FIREARM IN A LOCKED CONTAINER OR LOCKED
21THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
22FROM TEMPORARILY FUNCTIONING.”

23(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
24FIREARM CAPABLE OF BEING CONCEALED UPON THE
25PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
26OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
27GAINS ACCESS TO THE FIREARM, AND CARRIES IT
28OFF-PREMISES, YOU MAY BE GUILTY OF A
29MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
30A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
31 A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
32FUNCTIONING.”

33(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
34PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
35A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
36THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
37SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
38GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
39TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
P6    1STORED THE FIREARM IN A LOCKED CONTAINER, OR
2LOCKED THE FIREARM WITH A LOCKING DEVICE.”

begin insert

3(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED
4FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY
5OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE
6IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A
7MISDEMEANOR, INCLUDING A FINE OF UP TO ONE
8THOUSAND DOLLARS ($1,000), UNLESS YOU STORE THE
9FIREARM IN A LOCKED CONTAINER, OR LOCK THE
10FIREARM WITH A LOCKING DEVICE.”

end insert
begin delete

11(d)

end delete

12begin insert(e)end insert “DISCHARGING FIREARMS IN POORLY VENTILATED
13AREAS, CLEANING FIREARMS, OR HANDLING
14AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
15SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
16REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
17INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
18WASH HANDS THOROUGHLY AFTER EXPOSURE.”

begin delete

19(e)

end delete

20begin insert(f)end insert “FEDERAL REGULATIONS PROVIDE THAT IF YOU
21DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
22THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
23DAYS AFTER YOU COMPLETE THE INITIAL
24BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
25TO GO THROUGH THE BACKGROUND CHECK PROCESS
26A SECOND TIME IN ORDER TO TAKE PHYSICAL
27POSSESSION OF THAT FIREARM.”

begin delete

28(f)

end delete

29begin insert(g)end insert “NO PERSON SHALL MAKE AN APPLICATION TO
30PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
31OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
32THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
33 DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
34MADE AN APPLICATION TO PURCHASE MORE THAN ONE
35PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
36BEING CONCEALED UPON THE PERSON WITHIN ANY
3730-DAY PERIOD.”

38

39begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
40Section 25100 of the Penal Code proposed by both this bill and
P7    1Senate Bill 363. It shall only become operative if (1) both bills are
2enacted and become effective on or before January 1, 2014, (2)
3each bill amends Section 25100 of the Penal Code, and (3) this
4bill is enacted after Senate Bill 363, in which case Section 1 of this
5bill shall not become operative.

end insert
6

begin deleteSEC. 3.end delete
7begin insertSEC. 5end insertbegin insert.end insert  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



O

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