AB 231, as amended, Ting. Firearms: criminal storage.
Existing law establishes the offenses of criminal storage of a firearm in the first degree, when 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, and 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, when under those circumstances, 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 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 degree, 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 firearm without the permission of the child’s parent or legal guardian, 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.
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.
This bill would make conforming changes to those required warnings to reflect the offense of criminal storage of a firearm in the 3rd degree.
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.begin insert The bill would also incorporate changes to Section 26835 of the Penal Code proposed by SB 299 that would become operative if this bill and SB 299 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:
Section 25100 of the Penal Code is amended to
2read:
(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
26without the permission of the child’s parent or legal guardian,
27unless reasonable action is taken by the person to secure the firearm
28against access by the child.
Section 25100 of the Penal Code is amended to read:
(a) Except as provided in Section 25105, a person
31commits the crime of “criminal storage of a firearm in 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 guardian, 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 firearm.
P4 1(3) The child obtains access to the firearm and thereby causes
2death or great bodily injury to the child or any other person, 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 person.
7(b) Except as provided in Section 25105, a person commits the
8crime of “criminal storage of a firearm in the second degree” if all
9of 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 guardian, 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 firearm.
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 417, 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 417.
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 under
28the person’s custody or control and negligently stores or leaves a
29loaded firearm in a location where the person knows, or reasonably
30should know, that a child is likely to gain access to the firearm
31without the permission of the child’s parent or legal guardian,
32unless reasonable action is taken by the person to secure the firearm
33against access by the child.
Section 25110 of the Penal Code is amended to read:
(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.
Section 26835 of the Penal Code is amended to read:
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
31A 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.”
3(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
4LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
5CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
6YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
7GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
8TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
9begin delete STOREend deletebegin insert STOREDend insert THE FIREARM IN A LOCKED CONTAINER,
10ORbegin delete LOCKend deletebegin insert LOCKEDend insert THE FIREARM WITH A LOCKING
11DEVICE.”
12(e) “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.”
19(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
20DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
21THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
22DAYS AFTER YOU COMPLETE THE INITIAL
23BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
24TO GO THROUGH THE BACKGROUND CHECK PROCESS
25A SECOND TIME IN ORDER TO TAKE PHYSICAL
26POSSESSION OF THAT FIREARM.”
27(g) “NO PERSON SHALL MAKE AN APPLICATION TO
28PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
29OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
30THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
31
DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
32MADE AN APPLICATION TO PURCHASE MORE THAN ONE
33PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
34BEING CONCEALED UPON THE PERSON WITHIN ANY
3530-DAY PERIOD.”
36
begin insertSection 26835 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
A licensee shall post conspicuously within the licensed
39premises the following warnings in block letters not less than one
40inch in height:
P7 1
2(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
3PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
4A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
5USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
6IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
7MISDEMEANOR OR A FELONY UNLESS YOU STORED
8THE FIREARM IN A LOCKED CONTAINER OR LOCKED
9THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
10FROM TEMPORARILY FUNCTIONING.”
11(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
12FIREARM CAPABLE OF BEING CONCEALED UPON THE
13PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
14OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
15GAINS ACCESS TO THE FIREARM, AND CARRIES IT
16OFF-PREMISES, YOU MAY BE GUILTY OF A
17MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
18A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
19A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
20FUNCTIONING.”
21(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
22PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
23A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
24THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
25SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
26GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
27TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
28STORED THE FIREARM IN A LOCKED CONTAINER, OR
29LOCKED THE FIREARM WITH A LOCKING DEVICE.”
30(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED
31FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY
32OR CONTROL, WHERE A
PERSON UNDER 18 YEARS OF AGE
33IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A
34MISDEMEANOR, INCLUDING A FINE OF UP TO ONE
35THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE
36FIREARM IN A LOCKED CONTAINER, OR LOCKED THE
37FIREARM WITH A LOCKING DEVICE.”
38(d)
end delete
39begin insert(e)end insert “DISCHARGING FIREARMS IN POORLY VENTILATED
40AREAS, CLEANING FIREARMS, OR HANDLING
P8 1AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
2SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
3REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
4INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
5WASH HANDS THOROUGHLY AFTER EXPOSURE.”
6(e)
end delete
7begin insert(f)end insert “FEDERAL REGULATIONS PROVIDE THAT IF YOU
8DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
9THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
10DAYS AFTER YOU COMPLETE THE INITIAL
11BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
12TO GO THROUGH THE BACKGROUND CHECK PROCESS
13A SECOND TIME IN ORDER TO TAKE PHYSICAL
14POSSESSION OF THAT FIREARM.”
15(f)
end delete
16begin insert(g)end insert “NO PERSON SHALL MAKE AN APPLICATION TO
17PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
18OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
19THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
20
DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
21MADE AN APPLICATION TO PURCHASE MORE THAN ONE
22PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
23BEING CONCEALED UPON THE PERSON WITHIN ANY
2430-DAY PERIOD.”
25(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
26STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
27LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
28OR THEFT OCCURRED WITHIN SEVEN DAYS OF THE TIME
29YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
30THE FIREARM HAD BEEN LOST OR STOLEN.”
31(i) “IF YOU FALSELY REPORT THAT A FIREARM YOU OWN
32OR POSSESS IS LOST OR STOLEN, YOU FACE CRIMINAL
33PROSECUTION AND LOSS OF YOUR RIGHT TO POSSESS A
34FIREARM OR AMMUNITION FOR 10 YEARS.”
35
Section 1.5 of this bill incorporates amendments to
37Section 25100 of the Penal Code proposed by both this bill and
38Senate Bill 363. It shall only become operative if (1) both bills are
39enacted and become effective on or before January 1, 2014, (2)
40each bill amends Section 25100 of the Penal Code, and (3) this
P9 1bill is enacted after Senate Bill 363, in which case Section 1 of
2this bill shall not become operative.
Section 3.5 of this bill incorporates amendments to
4Section 26835 of the Penal Code proposed by both this bill and
5Senate Bill 299. It shall only become operative if (1) both bills are
6enacted and become effective on or before January 1, 2014, (2)
7each bill amends Section 26835 of the Penal Code, and (3) this
8bill is enacted after Senate Bill 299, in which case Section 3 of this
9bill shall not become operative.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
O
93