BILL NUMBER: SB 363 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 2, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
FEBRUARY 20, 2013
An act to amend Sections 25100 and 32015 of , and 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 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.
(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.
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.
By creating a new crime, this bill would impose a state-mandated
local program.
(2)
(3) 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:
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
state or federal law 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 state or federal law 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
state or federal law 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 state or federal
law 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.
SEC. 2. 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) Each person who owns or possesses any firearm and
resides with an individual who he or she knows, or has reason to
know, is prohibited from possessing, receiving, owning, or purchasing
a firearm pursuant to state or federal law shall secure the firearm
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 firearm in a manner that
the individual may not gain access to the firearm.
(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 one thousand dollars ($1,000), or by both that fine and
imprisonment.
SEC. 2. SEC. 3. Section 32015 of the
Penal Code is amended to read:
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. Commencing January 1, 2015, the annual fee shall be paid
on January 1 of every year.
(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.
SEC. 3. SEC. 4. 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.