Amended in Senate April 22, 2013

Amended in Senate April 2, 2013

Amended in Senate April 1, 2013

Senate BillNo. 363


Introduced by Senator Wright

February 20, 2013


An act to amend Sections 25100 and 32015 ofbegin insert, and to add Chapter 4 (commencing with Section 25240) to Division 4 of Title 4 of Part 6 of,end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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

(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.

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

begin insert

(2) Existing law prohibits specified classes of persons from owning or possessing firearms. Existing law defines the offense of criminal storage of a firearm, as the storage by a person of a loaded firearm on his or her premises with the knowledge or constructive knowledge that a child is likely to gain access to the firearm, as specified.

end insert
begin insert

This bill would require each person who owns or possesses any firearm who resides with an individual who he or she knows, or has reason to know, is prohibited from possessing, receiving, owning, or purchasing a firearm, as specified, to secure the firearm within a locked container, or with a locking device, or within a gun safe, as specified, and to store the firearm so that the individual may not gain access to the firearm. The bill would make a violation of this requirement 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 insert
begin insert

By creating a new crime, this bill would impose a state-mandated local program.

end insert
begin delete

(2)

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begin insert(3)end 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.

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:

P3    1

SECTION 1.  

Section 25100 of the Penal Code is amended to
2read:

3

25100.  

(a) Except as provided in Section 25105, a person
4commits the crime of “criminal storage of a firearm of the first
5degree” if all of the following conditions are satisfied:

6(1) The person keeps any loaded firearm within any premises
7that are under the person’s custody or control.

8(2) The person knows or reasonably should know that a child
9is likely to gain access to the firearm without the permission of
10the child’s parent or legal guardian, or that a person prohibited
11from possessing a firearm or deadly weapon pursuant tobegin delete Section
128100 or 8103 of the Welfare and Institutions Codeend delete
begin insert state or federal
13lawend insert
is likely to gain access to the firearm.

14(3) The child obtains access to the firearm and thereby causes
15death or great bodily injury to the child or any other person, or the
16person prohibited from possessing a firearm or deadly weapon
17pursuant tobegin delete Section 8100 or 8103 of the Welfare and Institutions
18Codeend delete
begin insert state or federal lawend insert obtains access to the firearm and thereby
19causes death or great bodily injury to himself or herself or any
20other person.

21(b) Except as provided in Section 25105, a person commits the
22crime of “criminal storage of a firearm of the second degree” if
23all of the following conditions are satisfied:

24(1) The person keeps any loaded firearm within any premises
25that are under the person’s custody or control.

26(2) The person knows or reasonably should know that a child
27is likely to gain access to the firearm without the permission of
28the child’s parent or legal guardian, or that a person prohibited
29from possessing a firearm or deadly weapon pursuant tobegin delete Section
308100 or 8103 of the Welfare and Institutions Codeend delete
begin insert state or federal
31lawend insert
is likely to gain access to the firearm.

32(3) The child obtains access to the firearm and thereby causes
33injury, other than great bodily injury, to the child or any other
34person, or carries the firearm either to a public place or in violation
35of Section 417, or the person prohibited from possessing a firearm
36or deadly weapon pursuant tobegin delete Section 8100 or 8103 of the Welfare
37and Institutions Codeend delete
begin insert state or federal lawend insert obtains access to the
38firearm and thereby causes injury, other than great bodily injury,
P4    1to himself or herself or any other person, or carries the firearm
2either to a public place or in violation of Section 417.

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertChapter 4 (commencing with Section 25240) is added
4to Division 4 of Title 4 of Part 6 of the end insert
begin insertPenal Codeend insertbegin insert, to read:end insert

begin insert

5 

6Chapter  begin insert4.end insert Firearm Storage and Prohibited Persons
7

 

8

begin insert25240.end insert  

(a) Each person who owns or possesses any firearm
9and resides with an individual who he or she knows, or has reason
10to know, is prohibited from possessing, receiving, owning, or
11purchasing a firearm pursuant to state or federal law shall secure
12the firearm within a locked container as described in Section
1316850, or with a locking device as described in Section 16860, or
14within a gun safe as described in Section 16870, and store the
15firearm in a manner that the individual may not gain access to the
16firearm.

17(b) A violation of this section is a misdemeanor punishable by
18imprisonment in a county jail not exceeding one year, or a fine
19not exceeding one thousand dollars ($1,000), or by both that fine
20and imprisonment.

end insert
21

begin deleteSEC. 2.end delete
22begin insertSEC. 3.end insert  

Section 32015 of the Penal Code is amended to read:

23

32015.  

(a) On and after January 1, 2001, the Department of
24Justice shall compile, publish, and thereafter maintain a roster
25listing all of the pistols, revolvers, and other firearms capable of
26being concealed upon the person that have been tested by a certified
27testing laboratory, have been determined not to be unsafe handguns,
28and may be sold in this state pursuant to this part. The roster shall
29list, for each firearm, the manufacturer, model number, and model
30name.

31(b) (1) The department may charge every person in this state
32who is licensed as a manufacturer of firearms pursuant to Chapter
3344 (commencing with Section 921) of Title 18 of the United States
34Code, and any person in this state who manufactures or causes to
35be manufactured, imports into the state for sale, keeps for sale, or
36offers or exposes for sale any pistol, revolver, or other firearm
37capable of being concealed upon the person in this state, an annual
38fee not exceeding the costs of preparing, publishing, and
39maintaining the roster pursuant to subdivision (a) and the costs of
40research and development, report analysis, firearms storage, and
P5    1other program infrastructure costs necessary to implement Sections
231900 to 32110, inclusive. Commencing January 1, 2015, the
3annual fee shall be paid on January 1 of every year.

4(2) Any pistol, revolver, or other firearm capable of being
5concealed upon the person that is manufactured by a manufacturer
6who manufactures or causes to be manufactured, imports into the
7state for sale, keeps for sale, or offers or exposes for sale any pistol,
8revolver, or other firearm capable of being concealed upon the
9person in this state, and who fails to pay any fee required pursuant
10to paragraph (1), may be excluded from the roster.

11(3) If a purchaser has initiated a transfer of a handgun that is
12listed on the roster as not unsafe, and prior to the completion of
13the transfer, the handgun is removed from the roster of not unsafe
14handguns because of failure to pay the fee required to keep that
15handgun listed on the roster, the handgun shall be deliverable to
16the purchaser if the purchaser is not otherwise prohibited from
17purchasing or possessing the handgun. However, if a purchaser
18has initiated a transfer of a handgun that is listed on the roster as
19not unsafe, and prior to the completion of the transfer, the handgun
20is removed from the roster pursuant to subdivision (d) of Section
2132020, the handgun shall not be deliverable to the purchaser.

22

begin deleteSEC. 3.end delete
23begin insertSEC. 4.end insert  

 No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.



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