Amended in Assembly August 14, 2013

Amended in Assembly June 27, 2013

Amended in Senate April 1, 2013

Amended in Senate March 11, 2013

Senate BillNo. 108


Introduced by Senator Yee

January 14, 2013


An actbegin delete to amend Sections 16520, 16540, 16750, 16850, and 23510 of, to add Sections 17060 and 27881 to, and to add Chapter 4 (commencing with Section 25235) to Division 4 of Title 4 of Part 6 of, the Penal Code,end delete relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 108, as amended, Yee. Firearms.

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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.

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This bill would require the Department of Justice to conduct a study to determine effective firearm safe storage measures to reduce, among other things, unintentional injury and death caused by firearms. The bill would require the study to, among other things, analyze local firearm safe storage ordinances in this state and firearm safe storage statutes in other states, as specified. The bill would require the department to report the study to the chairs of the Senate Public Safety Committee and the Assembly Public Safety Committee on or before January 1, 2016.

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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.

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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.

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By creating a new crime, this bill would impose a state-mandated local program.

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Existing law, subject to exceptions, requires the loan of a firearm to be conducted through a licensed firearms dealer, as specified.

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This bill would exempt from that requirement a loan of a firearm on residential or other private property, as specified, if certain requirements are met, including that the firearm does not leave the property where the loan occurred.

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 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.

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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(a) The Department of Justice shall conduct a
2study to determine effective firearm safe storage measures to
3reduce to following:

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4(1) Unintentional injury and death caused by firearms.

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5(2) Self-inflicted wounds caused by firearms.

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P3    1(3) Firearm theft.

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2(4) Unauthorized use of a firearm resulting in the firearm being
3used in a crime.

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4(b) The study shall include, but not be limited to, the following:

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5(1) A comprehensive overview of existing firearm safe storage
6California law compared to local California ordinances and
7statutes in other states.

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8(2) A comprehensive statistical analysis of the rates of
9unintentional injury and death caused by firearms, self-inflicted
10wounds caused by firearms, firearm theft, and the unauthorized
11use of firearms resulting in a firearm being used in a crime,
12compared to local firearm safe storage ordinances in California
13and firearm safe storage statutes in other states.

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14(3) An estimate of the effectiveness of Section 4512 of the San
15Francisco Police Code in preventing the incidents described in
16subdivision (a).

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17(4) An estimate of the effectiveness in preventing the incidents
18described in subdivision (a) on a statewide basis if Section 4512
19of the San Francisco Police Code is enacted into statute.

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20(c) The department shall report the study to the chairs of the
21Senate Committee on Public Safety and the Assembly Committee
22on Public Safety on or before January 1, 2016.

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23

SECTION 1.  

Section 16520 of the Penal Code is amended to
24read:

25

16520.  

(a) As used in this part, “firearm” means a device,
26designed to be used as a weapon, from which is expelled through
27a barrel, a projectile by the force of an explosion or other form of
28combustion.

29(b) As used in the following provisions, “firearm” includes the
30frame or receiver of the weapon:

31(1) Section 16550.

32(2) Section 16730.

33(3) Section 16960.

34(4) Section 16990.

35(5) Section 17070.

36(6) Section 17310.

37(7) Sections 26500 to 26588, inclusive.

38(8) Sections 26600 to 27140, inclusive.

39(9) Sections 27400 to 28000, inclusive.

40(10) Section 28100.

P4    1(11) Sections 28400 to 28415, inclusive.

2(12) Sections 29010 to 29150, inclusive.

3(13) Sections 29610 to 29750, inclusive.

4(14) Sections 29800 to 29905, inclusive.

5(15) Sections 30150 to 30165, inclusive.

6(16) Section 31615.

7(17) Sections 31705 to 31830, inclusive.

8(18) Sections 34355 to 34370, inclusive.

9(19) Sections 8100, 8101, and 8103 of the Welfare and
10Institutions Code.

11(c) As used in the following provisions, “firearm” also includes
12a rocket, rocket propelled projectile launcher, or similar device
13containing an explosive or incendiary material, whether or not the
14device is designed for emergency or distress signaling purposes:

15(1) Section 16750.

16(2) Subdivision (b) of Section 16840.

17(3) Section 25400.

18(4) Sections 25850 to 26025, inclusive.

19(5) Subdivisions (a), (b), and (c) of Section 26030.

20(6) Sections 26035 to 26055, inclusive.

21(d) As used in the following provisions, “firearm” does not
22include an unloaded antique firearm:

23(1) Subdivisions (a) and (c) of Section 16730.

24(2) Section 16550.

25(3) Section 16960.

26(4) Section 17310.

27(5) Chapter 6 (commencing with Section 26350) of Division 5
28of Title 4.

29(6) Chapter 7 (commencing with Section 26400) of Division 5
30of Title 4.

31(7) Sections 26500 to 26588, inclusive.

32(8) Sections 26700 to 26915, inclusive.

33(9) Section 27510.

34(10) Section 27530.

35(11) Section 27540.

36(12) Section 27545.

37(13) Sections 27555 to 27570, inclusive.

38(14) Sections 29010 to 29150, inclusive.

39(15) Section 25235.

P5    1(e) As used in Sections 34005 and 34010, “firearm” does not
2include a destructive device.

3(f) As used in Sections 17280 and 24680, “firearm” has the
4same meaning as in Section 922 of Title 18 of the United States
5Code.

6(g) As used in Sections 29010 to 29150, inclusive, “firearm”
7includes the unfinished frame or receiver of a weapon that can be
8readily converted to the functional condition of a finished frame
9or receiver.

10

SEC. 2.  

Section 16540 of the Penal Code is amended to read:

11

16540.  

As used in Division 2 (commencing with Section 23620)
12of Title 4 and in Section 25235, “firearm safety device” means a
13device other than a gun safe that locks and is designed to prevent
14children and unauthorized users from firing a firearm. The device
15may be installed on a firearm, be incorporated into the design of
16the firearm, or prevent access to the firearm.

17

SEC. 3.  

Section 16750 of the Penal Code is amended to read:

18

16750.  

(a) As used in Section 25400, “lawful possession of
19the firearm” means that the person who has possession or custody
20of the firearm either lawfully owns the firearm or has the
21permission of the lawful owner or a person who otherwise has
22apparent authority to possess or have custody of the firearm. A
23person who takes a firearm without the permission of the lawful
24owner or without the permission of a person who has lawful
25custody of the firearm does not have lawful possession of the
26firearm.

27(b) As used in Chapter 4 (commencing with Section 25235) of
28Division 4 of Title 4, Article 2 (commencing with Section 25850),
29Article 3 (commencing with Section 25900), and Article 4
30(commencing with Section 26000) of Chapter 3 of Division 5 of
31Title 4, Chapter 6 (commencing with Section 26350) of Division
325 of Title 4, and Chapter 7 (commencing with Section 26400) of
33Division 5 of Title 4, “lawful possession of the firearm” means
34that the person who has possession or custody of the firearm either
35lawfully acquired and lawfully owns the firearm or has the
36permission of the lawful owner or person who otherwise has
37apparent authority to possess or have custody of the firearm. A
38person who takes a firearm without the permission of the lawful
39owner or without the permission of a person who has lawful
P6    1custody of the firearm does not have lawful possession of the
2firearm.

3

SEC. 4.  

Section 16850 of the Penal Code is amended to read:

4

16850.  

As used in Sections 17740, 23925, 25105, 25205,
525235, and 25610, in Article 3 (commencing with Section 25505)
6of Chapter 2 of Division 5 of Title 4, in Chapter 6 (commencing
7with Section 26350) of Division 5 of Title 4, and in Chapter 7
8(commencing with Section 26400) of Division 5 of Title 4, “locked
9container” means a secure container that is fully enclosed and
10locked by a padlock, keylock, combination lock, or similar locking
11device. The term “locked container” does not include the utility
12or glove compartment of a motor vehicle.

13

SEC. 5.  

Section 17060 is added to the Penal Code, to read:

14

17060.  

As used in Section 25235, “residence” is the lawfully
15possessed dwelling unit in any structure intended or used for human
16habitation, including, but not limited to, houses, condominiums,
17rooms, motels, hotels, time-shares, and recreational and other
18vehicles where human habitation occurs. For purposes of Section
1925235, “outside of that residence” means any distance beyond the
20property lines of the property where the structure is located, except
21in the case of recreational and other vehicles.

22

SEC. 6.  

Section 23510 of the Penal Code is amended to read:

23

23510.  

(a) For purposes of Sections 25400 and 26500, Sections
2427500 to 27590, inclusive, Section 28100, Sections 29610 to
2529750, inclusive, Sections 29800 to 29905, inclusive, and Section
2631615 of this code, and any provision listed in subdivision (a) of
27Section 16585 of this code, and Sections 8100, 8101, and 8103 of
28the Welfare and Institutions Code, notwithstanding the fact that
29the term “any firearm” may be used in those sections, each firearm
30or the frame or receiver of each firearm constitutes a distinct and
31separate offense under those sections.

32(b) For purposes of Section 25235, notwithstanding the fact that
33the term “any firearm” may be used in those sections, each firearm
34 constitutes a distinct and separate offense under that section.

35

SEC. 7.  

Chapter 4 (commencing with Section 25235) is added
36to Division 4 of Title 4 of Part 6 of the Penal Code, to read:

 

P7    1Chapter  4. Storage of Firearms Within Residences
2

 

3

25235.  

(a) A person who is 18 years of age or older and who
4is the owner, lessee, renter, or other legal occupant of a residence,
5shall not, while outside of that residence, store in that residence a
6firearm that he or she owns or has lawful possession of unless the
7firearm is stored in one of the following ways:

8(1) The firearm is within a locked container.

9(2) The firearm is disabled by a firearm safety device.

10(3) The firearm is within a locked gun safe.

11(4) The firearm is within a locked trunk.

12(5) The firearm is locked with a locking device as described in
13Section 16860, which has rendered the firearm inoperable.

14(b) A violation of this section is punishable as follows:

15(1) A first violation involving a firearm that is not a handgun,
16as an infraction, punishable by a fine not exceeding one hundred
17dollars ($100).

18(2) For a first violation involving a handgun, or a second
19violation involving any firearm, as an infraction, punishable by a
20fine not exceeding one thousand dollars ($1,000).

21(3) For a third or subsequent violation, as a misdemeanor.

22(c) The provisions of this section are cumulative, and shall not
23be construed as restricting the application of any other law.
24However, an act or omission punishable in different ways by
25different provisions of law shall not be punished under more than
26one provision.

27

SEC. 8.  

Section 27881 is added to the Penal Code, to read:

28

27881.  

Section 27545 does not apply to the loan of a firearm
29provided all of the following are met:

30(a) The person loaning the firearm is the registered owner of
31the firearm, as compared to the records described in Section 11106.

32(b) The loan occurs within the lender’s place of residence or
33private property, except for property that is zoned for commercial,
34retail, or industrial activity.

35(c) The individual receiving the firearm is not prohibited by
36state or federal law from possessing, receiving, owning, or
37purchasing a firearm.

38(d) The individual receiving the firearm is 18 years of age or
39older.

P8    1(e) The firearm does not leave the property where the loan
2occurs.

3

SEC. 9.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.

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