Amended in Assembly August 5, 2013

Amended in Assembly June 11, 2013

Amended in Senate April 22, 2013

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 Sections 25100 begin insert , 25200, 32000, end insert and 32015 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 begin insert , or the next business day, end insert of every year.

begin insert

(2) Existing law makes it a misdemeanor punishable with specified penalties if a person keeps a handgun at the person’s premises and knows or reasonably should know that a child is likely to gain access to the handgun without permission, as specified, and the child gains access to the handgun and carries it off-premises or off-premises to a school, as specified.

end insert begin insert

This bill would make that prohibition apply to a person who keeps a handgun at the person’s premises and knows or reasonably should know that a prohibited person, as specified, is likely to gain access to the handgun, and the prohibited person gains access to the handgun and carries it off-premises or off-premises and to a school, as specified.

end insert begin insert

(3) Existing law makes it an offense for any person in this state to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend any unsafe handgun, as defined. Existing law exempts from those prohibitions, the sale of handguns to, or the purchase of handguns by, specified law enforcement entities, among others.

end insert begin insert

This bill would exempt the sale of handguns to, or the purchase of handguns by, federal law enforcement agencies from the application of those prohibitions.

end insert begin delete

(2)

end delete

begin insert (4) 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 begin delete an end delete existing begin delete crime end delete begin insert crimes end insert , 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 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 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 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 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25200 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

25200.  

(a) If all of the following conditions are satisfied, a
person shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine:

(1) The person keeps a pistol, revolver, or other firearm capable
of being concealed upon the person, loaded or unloaded, 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 that firearm without the permission of
the child’s parent or legal guardian begin insert , end insert begin insert or that a person prohibited
from possessing a firearm or deadly weapon pursuant to state or
federal law is likely to gain access to the firearm end insert .

(3) The child begin insert or the prohibited person end insert obtains access to that
firearm and thereafter carries that firearm off-premises.

(b) If all of the following conditions are satisfied, a person shall
be punished by imprisonment in a county jail not exceeding one
year, by a fine not exceeding five thousand dollars ($5,000), or by
both that imprisonment and fine:

(1) The person keeps any 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 , end insert begin insert or that a person prohibited
from possessing a firearm or deadly weapon pursuant to state or
federal law is likely to gain access to the firearm end insert .

(3) The child begin insert or the prohibited person end insert obtains access to the
firearm and thereafter carries that firearm off-premises to any
public or private preschool, elementary school, middle school,
high school, or to any school-sponsored event, activity, or
performance, whether occurring on school grounds or elsewhere.

(c) A pistol, revolver, or other firearm capable of being
concealed upon the person that a child begin insert or prohibited person end insert gains
access to and carries off-premises in violation of this section shall
be deemed “used in the commission of any misdemeanor as
provided in this code or any felony” for the purpose of Section
29300 regarding the authority to confiscate firearms and other
deadly weapons as a nuisance.

(d) As used in this section, “off-premises” means premises other
than the premises where the firearm was stored.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 32000 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32000.  

(a) Commencing January 1, 2001, any person in this
state who manufactures or causes to be manufactured, imports into
the state for sale, keeps for sale, offers or exposes for sale, gives,
or lends any unsafe handgun shall be punished by imprisonment
in a county jail not exceeding one year.

(b) This section shall not apply to any of the following:

(1) The manufacture in this state, or importation into this state,
of any prototype pistol, revolver, or other firearm capable of being
concealed upon the person when the manufacture or importation
is for the sole purpose of allowing an independent laboratory
certified by the Department of Justice pursuant to Section 32010
to conduct an independent test to determine whether that pistol,
revolver, or other firearm capable of being concealed upon the
person is prohibited by Sections 31900 to 32110, inclusive, and,
if not, allowing the department to add the firearm to the roster of
pistols, revolvers, and other firearms capable of being concealed
upon the person that may be sold in this state pursuant to Section
32015.

(2) The importation or lending of a pistol, revolver, or other
firearm capable of being concealed upon the person by employees
or authorized agents of entities determining whether the weapon
is prohibited by this section.

(3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.

(4) The sale or purchase of any pistol, revolver, or other firearm
capable of being concealed upon the person, if the pistol, revolver,
or other firearm is sold to, or purchased by, the Department of
Justice, any police department, any sheriff’s official, any marshal’s
office, the Youth and Adult Correctional Agency, the California
Highway Patrol, any district attorney’s office, begin insert any federal law
enforcement agency, end insert or the military or naval forces of this state or
of the United States for use in the discharge of their official duties.
Nor shall anything in this section prohibit the sale to, or purchase
by, sworn members of these agencies of any pistol, revolver, or
other firearm capable of being concealed upon the person.

(c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission
punishable in different ways by this section and other provisions
of law shall not be punished under more than one provision, but
the penalty to be imposed shall be determined as set forth in Section
654.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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 begin insert , or the next business day, end insert 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.

begin delete SEC. 3. end delete
begin insert SEC. 5. 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.