BILL NUMBER: SB 108 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
AMENDED IN SENATE MARCH 11, 2013
INTRODUCED BY Senator Yee
JANUARY 14, 2013
An act to amend Sections 16520, 16540, 16750, 16850, and 23510 of,
to add Section 17060 to, and to add Chapter 4 (commencing with
Section 25235) to Division 4 of Title 4 of Part 6 of, the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 108, as amended, Yee. Firearms: residential storage.
Existing law regulates the possession of firearms, including
storage requirements to prevent children from gaining access to
firearms, and other safety devices including gun safes. Existing law
also regulates the lending of firearms. Existing law defines the term
"firearm" for these and other regulatory purposes, and excludes from
that definition, "antique firearms" for various regulatory purposes.
This bill would provide that no person who is 18 years of age or
older and who is the owner, lessee, renter, or other legal occupant
of a residence, shall, while outside of that residence, keep in that
residence a firearm that he or she owns or has lawful possession of
unless the firearm is stored in one of certain specified ways,
including in a gun safe or by using a firearm safety device.
Violation of these provisions would be an offense punishable as an
infraction, or for subsequent violations, as an infraction or
misdemeanor, as specified. The bill would define the term "residence"
and the term "outside of that residence " for
these purposes, would exclude antique firearms from these provisions,
would provide that each firearm constitutes a distinct and separate
offense under those provisions, and would make other conforming
changes.
By creating a new crime, this bill would impose a state-mandated
local program.
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 1. Section 16520 of the Penal Code is amended to read:
16520. (a) As used in this part, "firearm" means a device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of an explosion or other form of
combustion.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27570, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25235.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
SEC. 2. Section 16540 of the Penal Code is amended to read:
16540. As used in Division 2 (commencing with Section 23620) of
Title 4 and in Section 25235, "firearm safety device" means a device
other than a gun safe that locks and is designed to prevent children
and unauthorized users from firing a firearm. The device may be
installed on a firearm, be incorporated into the design of the
firearm, or prevent access to the firearm.
SEC. 3. Section 16750 of the Penal Code is amended to read:
16750. (a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(b) As used in Chapter 4 (commencing with Section 25235) of
Division 4 of Title 4, Article 2 (commencing with Section 25850),
Article 3 (commencing with Section 25900), and Article 4 (commencing
with Section 26000) of Chapter 3 of Division 5 of Title 4, Chapter 6
(commencing with Section 26350) of Division 5 of Title 4, and Chapter
7 (commencing with Section 26400) of Division 5 of Title 4, "lawful
possession of the firearm" means that the person who has possession
or custody of the firearm either lawfully acquired and lawfully owns
the firearm or has the permission of the lawful owner or person who
otherwise has apparent authority to possess or have custody of the
firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.
SEC. 4. Section 16850 of the Penal Code is amended to read:
16850. As used in Sections 17740, 23925, 25105, 25205, 25235, and
25610, in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4, in Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4, and in Chapter 7 (commencing with Section
26400) of Division 5 of Title 4, "locked container" means a secure
container that is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.
SEC. 5. Section 17060 is added to the Penal Code, to read:
17060. As used in Section 25235, "residence" is the lawfully
possessed dwelling unit in any structure intended or used for
human habitation, including, but not limited to, houses,
condominiums, rooms, motels, hotels, time-shares, and recreational
and other vehicles where human habitation occurs. For purposes of
Section 25235, "residence" extends to
"outside of that residence" means any distance beyond the
property lines of the property where the structure is located, except
in the case of recreational and other vehicles.
SEC. 6. Section 23510 of the Penal Code is amended to read:
23510. (a) For purposes of Sections 25400 and 26500, Sections
27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750,
inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of
this code, and any provision listed in subdivision (a) of Section
16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare
and Institutions Code, notwithstanding the fact that the term "any
firearm" may be used in those sections, each firearm or the frame or
receiver of each firearm constitutes a distinct and separate offense
under those sections.
(b) For purposes of Section 25235, notwithstanding the fact that
the term "any firearm" may be used in those sections, each firearm
constitutes a distinct and separate offense under that section.
SEC. 7. Chapter 4 (commencing with Section 25235) is added to
Division 4 of Title 4 of Part 6 of the Penal Code, to read:
CHAPTER 4. STORAGE OF FIREARMS WITHIN RESIDENCES
25235. (a) A person who is 18 years of age or older and who is
the owner, lessee, renter, or other legal occupant of a residence,
shall not, while outside of that residence, store in that residence a
firearm that he or she owns or has lawful possession of unless the
firearm is stored in one of the following ways:
(1) The firearm is within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is within a locked gun safe.
(4) The firearm is within a locked trunk.
(5) The firearm is locked with a locking device as described in
Section 16860, which has rendered the firearm inoperable.
(b) A violation of this section is punishable as follows:
(1) A first violation involving a firearm that is not a handgun,
as an infraction, punishable by a fine not exceeding one hundred
dollars ($100).
(2) For a second violation involving any firearm or a first
violation involving a handgun, as an infraction, punishable by a fine
not exceeding one thousand dollars ($1,000).
(3) For a third or subsequent violation, as a misdemeanor.
(c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.