Senate Bill No. 363

Introduced by Senator Wright

February 20, 2013

An act to add Chapter 4 (commencing with Section 25240) to Division 4 of Title 4 of Part 6 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 363, as introduced, Wright. Firearms: storage: prohibited persons.

Existing law provides that specified classes of persons are prohibited from owning or possessing firearms. Existing law establishes the offense of criminal storage of a firearm, where a person stores a loaded firearm in the person’s premises and knows or should know that a child is likely to gain access to the firearm, a child gains access to the firearm, and causes death, great bodily injury, or injury to the child or another person, as specified.

This bill would require every person who owns or possesses any firearms and resides with an individual who he or she knows, or has reason to know, is prohibited from owning or possessing a firearm, as specified, to secure the firearms within a locked container, or with a locking device, or within a gun safe, as specified, and to store the firearms so that the individual may not gain access to the firearms. The bill would provide that a violation of these provisions is a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding $1,000, or by both that fine and imprisonment.

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.  

Chapter 4 (commencing with Section 25240) is
added to Division 4 of Title 4 of Part 6 of the Penal Code, to read:

 

Chapter  4. Firearm Storage and Prohibited Persons

 

25240.  

(a) Every person who owns or possesses any firearms
and resides with an individual who he or she knows, or has reason
to know, is prohibited from owning or possessing a firearm
pursuant to Section 8100 or 8103 of the Welfare and Institutions
Code shall secure the firearms within a locked container as
described in Section 16850, or with a locking device as described
in Section 16860, or within a gun safe as described in Section
16870, and store the firearms so that the individual may not gain
access to the firearms.

(b) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail not exceeding one year, or a fine not
exceeding $1,000, or by both that fine and imprisonment.

SEC. 2.  

 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.