BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 108|
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THIRD READING
Bill No: SB 108
Author: Yee (D)
Amended: 4/1/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Firearms: residential storage
SOURCE : Author
DIGEST : This bill requires that a person who is 18 years of
age or older and who is the owner, lessee, renter, or other
legal occupant of a residence, while outside of that residence,
store in that residence any firearm that he/she owns or has
lawful possession of in a locked container or as specified.
ANALYSIS :
Existing law:
1.Provides that, except as specified, a person commits the crime
of "criminal storage of a firearm of the first degree" if all
of the following conditions are satisfied:
A. The person keeps any loaded firearm within any premises
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that are under the person's custody or control.
B. 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.
C. The child obtains access to the firearm and thereby
causes death or great bodily injury to the child or any
other person.
Criminal storage of a firearm in the first degree is punishable
as a felony by imprisonment in a county jail for 16 months, or
two or three years, by a fine not exceeding $10,000, or both; or
as a misdemeanor by imprisonment in a county jail not exceeding
one year, by a fine not exceeding $1,000, or by both that
imprisonment and fine.
1.Provides that, except as specified, a person commits the crime
of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:
The person keeps any loaded firearm within any premises
that are under the person's 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 legal guardian.
The child obtains access to the firearm and thereby
causes injury, other than great bodily injury, to the child
or any other person, or carries the firearm and draws or
exhibits the firearm, as specified
Criminal storage of a firearm in the second degree is punishable
by imprisonment in a county jail not exceeding one year, by a
fine not exceeding $1,000, or both.
1.Provides that a handgun that a child gains access to and
carries off-premises in violation of this section shall be
deemed "used in the commission of any misdemeanor as provided
in this code or any felony" for the purpose of the authority
to confiscate firearms and other deadly weapons as a nuisance.
2.Provides that the penalties as specified, do not apply if any
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of the following are true:
A. The child obtains the firearm as a result of an illegal
entry into any premises by any person.
B. The firearm is kept in a locked container or in a
location that a reasonable person would believe to be
secure.
C. The firearm is locked with a locking device, as defined,
which has rendered the firearm inoperable.
D. The firearm is carried on the person within close enough
range that the individual can readily retrieve and use the
firearm as if carried on the person.
E. The person is a peace officer or a member of the Armed
Forces or National Guard and the child obtains the firearm
during, or incidental to, the performance of the person's
duties.
F. The child obtains, or obtains and discharges, the
firearm in a lawful act of self-defense or defense of
another person.
G. The person who keeps a firearm has no reasonable
expectation, based on objective facts and circumstances,
that a child is likely to be present on the premises.
This bill:
1. Provides that 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/she owns or has lawful
possession of unless the firearm is stored in one of the
following ways:
A. The firearm is within a locked container.
B. The firearm is disabled by a firearm safety device.
C. The firearm is within a locked gun safe.
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D. The firearm is within a locked trunk.
E. The firearm is locked with a locking device, which has
rendered the firearm inoperable.
1.Provides that a violation of its provisions is punishable as
follows:
A. A first violation involving a firearm that is not a
handgun, as an infraction, punishable by a fine not
exceeding $100.
B. For a second violation involving any firearm or a first
violation involving a handgun, as an infraction, punishable
by a fine not exceeding $1,000.
C. For a third or subsequent violation, as a misdemeanor,
punishable by up to six months in the county jail, a fine
of up to $1,000, or both.
1.Provides that violations of its provisions 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.
2.Provides that each firearm that is not stored in compliance
with its provisions constitutes a distinct and separate
offense.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/1/13)
American College of Emergency Physicians
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Partnership to End Domestic Violence
California State Conference of the NAACP
California State PTA
City and County of San Francisco
Coalition Against Gun Violence Santa Barbara
Law Center to Prevent Violence
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San Francisco DA George Gascon
South County Citizens Against Gun Violence
United Educators of San Francisco
Violence Prevention Coalition of Los Angeles
OPPOSITION : (Verified 5/1/13)
California Rifle and Pistol Association Inc.
California Sportsman's Lobby
National Rifle Association of America
Outdoor Sportsmen's Coalition of California
Safari Club International
Shasta County Sheriff
ARGUMENTS IN SUPPORT : According to the author's office,
unauthorized access to a firearm far too often results in
unintentional or self-inflicted gunshot wounds, or the firearm
being used in the commission of a crime. These instances of
unauthorized access commonly occur when the owner of the firearm
does not have possession of the firearm and the firearm was not
safely secured. Although existing law specifies firearm owners
must own a firearm safety device, use of the device is not
mandatory.
This bill requires a person to safely secure a firearm in one of
several specified ways when the person leaves a residence where
a firearm is stored. This bill's requirement upholds an owner's
interest in self-defense while at one's residence while
decreasing the likelihood of unauthorized access and use of a
firearm. Each firearm not safely stored in the prescribed
manner constitutes a distinct and separate offense.
ARGUMENTS IN OPPOSITION : Safari Club International (SCI)
states:
Hunters are very careful how they store their firearms and do
not object to the intent of SB 108. However, the bill provides
limited options for methods of storage. There are other
effective options which are not listed, such as storage in a
locked room or locked closet of a residence.
SCI requests that the bill be amended to add a new paragraph (6)
to subdivision (a) of Section 25235 to allow for "other
effective means of storage that would prevent children and
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unauthorized users from obtaining possession of or from
discharging the stored firearm."
JG:ej 5/1/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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