Amended in Senate April 2, 2013

Amended in Senate April 1, 2013

Senate Bill No. 363

Introduced by Senator Wright

February 20, 2013

An act to amend begin delete Section end delete begin insert Sections end insert 25100 begin insert and 32015 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 363, as amended, Wright. Firearms: criminal storage begin insert : unsafe handguns: fees end insert .

begin insert

(1) Existing law requires the Department of Justice to maintain a roster listing all pistols, revolvers, and other firearms capable of being concealed on the person that have been tested by a certified testing laboratory and have been determined not to be unsafe handguns. Existing law allows the department to charge manufacturers of firearms an annual fee not to exceed the costs of preparing, publishing, and maintaining the roster.

end insert begin insert

This bill would require the annual fee, commencing on January 1, 2015, to be paid on January 1 of every year.

end insert begin delete

Existing

end delete

begin insert (2) end insert begin insert   end insert begin insert Existing end insert 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.

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.

By expanding the scope of an existing 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.  

Section 25100 of the Penal Code is amended to
read:

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, 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.

(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person, 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.

(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, 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.

(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, 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.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 32015 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32015.  

(a) On and after January 1, 2001, the Department of
Justice shall compile, publish, and thereafter maintain a roster
listing all of the pistols, revolvers, and other firearms capable of
being concealed upon the person that have been tested by a certified
testing laboratory, have been determined not to be unsafe handguns,
and may be sold in this state pursuant to this part. The roster shall
list, for each firearm, the manufacturer, model number, and model
name.

(b) (1) The department may charge every person in this state
who is licensed as a manufacturer of firearms pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code, and any person in this state who manufactures or causes to
be manufactured, imports into the state for sale, keeps for sale, or
offers or exposes for sale any pistol, revolver, or other firearm
capable of being concealed upon the person in this state, an annual
fee not exceeding the costs of preparing, publishing, and
maintaining the roster pursuant to subdivision (a) and the costs of
research and development, report analysis, firearms storage, and
other program infrastructure costs necessary to implement Sections
31900 to 32110, inclusive. begin insert Commencing January 1, 2015, the
annual fee shall be paid on January 1 of every year. end insert

(2) Any pistol, revolver, or other firearm capable of being
concealed upon the person that is manufactured by a manufacturer
who manufactures or causes to be manufactured, imports into the
state for sale, keeps for sale, or offers or exposes for sale any pistol,
revolver, or other firearm capable of being concealed upon the
person in this state, and who fails to pay any fee required pursuant
to paragraph (1), may be excluded from the roster.

(3) If a purchaser has initiated a transfer of a handgun that is
listed on the roster as not unsafe, and prior to the completion of
the transfer, the handgun is removed from the roster of not unsafe
handguns because of failure to pay the fee required to keep that
handgun listed on the roster, the handgun shall be deliverable to
the purchaser if the purchaser is not otherwise prohibited from
purchasing or possessing the handgun. However, if a purchaser
has initiated a transfer of a handgun that is listed on the roster as
not unsafe, and prior to the completion of the transfer, the handgun
is removed from the roster pursuant to subdivision (d) of Section
32020, the handgun shall not be deliverable to the purchaser.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

 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.