BILL NUMBER: SB 363	INTRODUCED
	BILL TEXT


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.