Amended in Senate April 1, 2013

Senate Bill No. 363

Introduced by Senator Wright

February 20, 2013

An act to begin delete add Chapter 4 (commencing with Section 25240) to Division 4 of Title 4 of Part 6 end delete begin insert amend Section 25100 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 363, as amended, Wright. Firearms: begin delete storage: prohibited persons. end delete begin insert criminal storage. end insert

begin delete

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.

end delete begin delete

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.

end delete begin insert

Existing law, subject to exceptions, provides that the offense of criminal storage of a firearm is committed when a person who keeps any loaded firearm within any premises that are under the person’s custody or control 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, and the child obtains access to the firearm and thereby causes death or injury to the child or any other person, as specified, or carries the firearm to a public place, or unlawfully displays or uses the firearm, as specified.

end insert begin insert

This bill would expand these provisions to include the circumstance of when the person who keeps the firearm knows or reasonably should know that a person prohibited from owning or possessing a firearm or deadly weapon, as specified, is likely to gain access to the firearm, and that person gains access to the firearm and thereby causes death or injury to himself or herself or any other person, as specified, or carries the firearm to a public place, or unlawfully displays or uses the firearm, as specified.

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By begin delete creating a new end delete begin insert expanding the scope of an existing end insert 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:

begin delete

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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25100 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

25100.  

(a) Except as provided in Section 25105, a person
commits the crime of “criminal storage of a firearm of the first
degree” if all of the following conditions are satisfied:

(1) The person keeps any loaded firearm within any premises
that are under the person’s custody or control.

(2) 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 begin insert , or that a person prohibited
from possessing a firearm or deadly weapon pursuant to Section
8100 or 8103 of the Welfare and Institutions Code is likely to gain
access to the firearm end insert .

(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person begin insert , or the
person prohibited from possessing a firearm or deadly weapon
pursuant to Section 8100 or 8103 of the Welfare and Institutions
Code obtains access to the firearm and thereby causes death or
great bodily injury to himself or herself or any other person end insert .

(b) Except as provided in Section 25105, a person commits the
crime of “criminal storage of a firearm of the second degree” if
all of the following conditions are satisfied:

(1) The person keeps any loaded firearm within any premises
that are under the person’s custody or control.

(2) 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 begin insert , or that a person prohibited
from possessing a firearm or deadly weapon pursuant to Section
8100 or 8103 of the Welfare and Institutions Code is likely to gain
access to the firearm end insert .

(3) 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 either to a public place or in violation
of Section 417 begin insert , or the person prohibited from possessing a firearm
or deadly weapon pursuant to Section 8100 or 8103 of the Welfare
and Institutions Code obtains access to the firearm and thereby
causes injury, other than great bodily injury, to himself or herself
or any other person, or carries the firearm either to a public place
or in violation of Section 417 end insert .

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.