Amended in Assembly August 30, 2013

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 BillNo. 363


Introduced by Senator Wright

February 20, 2013


An act to amend Sections 25100, 25200, 32000, 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, or the next business day, of every year.

(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.

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.

(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.

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.

(4) 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.

begin insert

(5) This bill would incorporate additional changes to Section 25100 of the Penal Code proposed by AB 231 that would become operative if this bill and AB 231 are both enacted and this bill is enacted last. This bill would incorporate additional changes to Section 32000 of the Penal Code proposed by AB 169 that would become operative if this bill and AB 169 are both enacted and this bill is enacted last.

end insert
begin delete

By

end delete

begin insert(6)end insertbegin insertend insertbegin insertByend insert expanding the scope of existing crimes, 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 to state or
12federal law is likely to gain access to the firearm.

13(3) The child obtains access to the firearm and thereby causes
14death or great bodily injury to the child or any other person, or the
15person prohibited from possessing a firearm or deadly weapon
16pursuant to state or federal law obtains access to the firearm and
17thereby causes death or great bodily injury to himself or herself
18or any other person.

19(b) Except as provided in Section 25105, a person commits the
20crime of “criminal storage of a firearm of the second degree” if
21all of the following conditions are satisfied:

22(1) The person keeps any loaded firearm within any premises
23that are under the person’s custody or control.

24(2) The person knows or reasonably should know that a child
25is likely to gain access to the firearm without the permission of
P4    1the child’s parent or legal guardian, or that a person prohibited
2from possessing a firearm or deadly weapon pursuant to state or
3federal law is likely to gain access to the firearm.

4(3) The child obtains access to the firearm and thereby causes
5injury, other than great bodily injury, to the child or any other
6person, or carries the firearm either to a public place or in violation
7of Section 417, or the person prohibited from possessing a firearm
8or deadly weapon pursuant to state or federal law obtains access
9to the firearm and thereby causes injury, other than great bodily
10injury, to himself or herself or any other person, or carries the
11 firearm either to a public place or in violation of Section 417.

12begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 25100 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

13

25100.  

(a) Except as provided in Section 25105, a person
14commits the crime of “criminal storage of a firearmbegin delete ofend deletebegin insert inend insert the first
15degree” if all of the following conditions are satisfied:

16(1) The person keeps any loaded firearm within any premises
17that are under the person’s custody or control.

18(2) The person knows or reasonably should know that a child
19is likely to gain access to the firearm without the permission of
20the child’s parent or legal guardianbegin insert, or that a person prohibited
21from possessing a firearm or deadly weapon pursuant to state or
22federal law is likely to gain access to the firearmend insert
.

23(3) The child obtains access to the firearm and thereby causes
24death or great bodily injury to the child or any other personbegin insert, or the
25person prohibited from possessing a firearm or deadly weapon
26pursuant to state or federal law obtains access to the firearm and
27thereby causes death or great bodily injury to himself or herself
28or any other personend insert
.

29(b) Except as provided in Section 25105, a person commits the
30crime of “criminal storage of a firearmbegin delete ofend deletebegin insert inend insert the second degree”
31if all of the following conditions are satisfied:

32(1) The person keeps any loaded firearm within any premises
33that are under the person’s custody or control.

34(2) The person knows or reasonably should know that a child
35is likely to gain access to the firearm without the permission of
36the child’s parent or legal guardianbegin insert, or that a person prohibited
37from possessing a firearm or deadly weapon pursuant to state or
38federal law is likely to gain access to the firearmend insert
.

39(3) The child obtains access to the firearm and thereby causes
40injury, other than great bodily injury, to the child or any other
P5    1person, or carries the firearm either to a public place or in violation
2of Section 417begin insert, or the person prohibited from possessing a firearm
3or deadly weapon pursuant to state or federal law obtains access
4to the firearm and thereby causes injury, other than great bodily
5injury, to himself or herself or any other person, or carries the
6firearm either to a public place or in violation of Section 417end insert
.

begin insert

7(c) Except as provided in Section 25105, a person commits the
8crime of “criminal storage of a firearm in the third degree” if the
9person keeps any loaded firearm within any premises that are
10under the person’s custody or control and negligently stores or
11leaves a loaded firearm in a location where the person knows, or
12reasonably should know, that a child is likely to gain access to the
13firearm without the permission of the child’s parent or legal
14guardian, unless reasonable action is taken by the person to secure
15the firearm against access by the child.

end insert
16

SEC. 2.  

Section 25200 of the Penal Code is amended to read:

17

25200.  

(a) If all of the following conditions are satisfied, a
18person shall be punished by imprisonment in a county jail not
19exceeding one year, by a fine not exceeding one thousand dollars
20($1,000), or by both that imprisonment and fine:

21(1) The person keeps a pistol, revolver, or other firearm capable
22of being concealed upon the person, loaded or unloaded, within
23any premises that are under the person’s custody or control.

24(2) The person knows or reasonably should know that a child
25is likely to gain access to that firearm without the permission of
26the child’s parent or legal guardian, or that a person prohibited
27from possessing a firearm or deadly weapon pursuant to state or
28federal law is likely to gain access to the firearm.

29(3) The child or the prohibited person obtains access to that
30firearm and thereafter carries that firearm off-premises.

31(b) If all of the following conditions are satisfied, a person shall
32be punished by imprisonment in a county jail not exceeding one
33year, by a fine not exceeding five thousand dollars ($5,000), or by
34both that imprisonment and fine:

35(1) The person keeps any firearm within any premises that are
36under the person’s custody or control.

37(2) The person knows or reasonably should know that a child
38is likely to gain access to the firearm without the permission of
39the child’s parent or legal guardian, or that a person prohibited
P6    1from possessing a firearm or deadly weapon pursuant to state or
2federal law is likely to gain access to the firearm.

3(3) The child or the prohibited person obtains access to the
4firearm and thereafter carries that firearm off-premises to any
5public or private preschool, elementary school, middle school,
6high school, or to any school-sponsored event, activity, or
7performance, whether occurring on school grounds or elsewhere.

8(c) A pistol, revolver, or other firearm capable of being
9concealed upon the person that a child or prohibited person gains
10access to and carries off-premises in violation of this section shall
11be deemed “used in the commission of any misdemeanor as
12provided in this code or any felony” for the purpose of Section
1329300 regarding the authority to confiscate firearms and other
14deadly weapons as a nuisance.

15(d) As used in this section, “off-premises” means premises other
16than the premises where the firearm was stored.

17

SEC. 3.  

Section 32000 of the Penal Code is amended to read:

18

32000.  

(a) Commencing January 1, 2001, any person in this
19state who manufactures or causes to be manufactured, imports into
20the state for sale, keeps for sale, offers or exposes for sale, gives,
21or lends any unsafe handgun shall be punished by imprisonment
22in a county jail not exceeding one year.

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

24(1) The manufacture in this state, or importation into this state,
25ofbegin delete any prototype pistol, revolver, or other firearm capable of being
26concealed upon the personend delete
begin insert a prototype handgunend insert when the
27manufacture or importation is for the sole purpose of allowing an
28independent laboratory certified by the Department of Justice
29pursuant to Section 32010 to conduct an independent test to
30determine whether thatbegin delete pistol, revolver, or other firearm capable
31of being concealed upon the personend delete
begin insert handgunend insert is prohibited by
32Sections 31900 to 32110, inclusive, and, if not, allowing the
33department to add the firearm to the roster ofbegin delete pistols, revolvers,
34and other firearms capable of being concealed upon the personend delete

35begin insert handgunsend insert that may be sold in this state pursuant to Section 32015.

36(2) The importation or lending of abegin delete pistol, revolver, or other
37firearm capable of being concealed upon the personend delete
begin insert handgunend insert by
38employees or authorized agents of entities determining whether
39the weapon is prohibited by this section.

P7    1(3) Firearms listed as curios or relics, as defined in Section
2478.11 of Title 27 of the Code of Federal Regulations.

3(4) The sale or purchase ofbegin delete any pistol, revolver, or other firearm
4capable of being concealed upon the personend delete
begin insert a handgunend insert, if the
5begin delete pistol, revolver, or other firearmend deletebegin insert handgunend insert is sold to, or purchased
6by, the Department of Justice,begin delete anyend deletebegin insert aend insert police department,begin delete anyend deletebegin insert aend insert
7 sheriff’s official,begin delete anyend deletebegin insert aend insert marshal’s office, thebegin delete Youth and Adult
8Correctional Agency,end delete
begin insert Department of Corrections and
9Rehabilitation,end insert
the California Highway Patrol, any district
10attorney’s office, any federal law enforcement agency, or the
11military or naval forces of this state or of the United States for use
12in the discharge of their official duties.begin delete Nor shall anything in this
13sectionend delete
begin insert This section does notend insert prohibit the sale to, or purchase by,
14sworn members of these agencies ofbegin delete any pistol, revolver, or other
15firearm capable of being concealed upon the personend delete
begin insert a handgunend insert.

16(c) Violations of subdivision (a) are cumulative with respect to
17each handgun and shall not be construed as restricting the
18application of any other law. However, an act or omission
19punishable in different ways by this section and other provisions
20of law shall not be punished under more than one provision, but
21the penalty to be imposed shall be determined as set forth in Section
22654.

23begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 32000 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

24

32000.  

(a) Commencing January 1, 2001, any person in this
25state who manufactures or causes to be manufactured, imports into
26the state for sale, keeps for sale, offers or exposes for sale, gives,
27or lends any unsafe handgun shall be punished by imprisonment
28in a county jail not exceeding one year.

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

30(1) The manufacture in this state, or importation into this state,
31ofbegin delete any prototype pistol, revolver, or other firearm capable of being
32concealed upon the personend delete
begin insert a prototype handgunend insert when the
33manufacture or importation is for the sole purpose of allowing an
34independent laboratory certified by the Department of Justice
35pursuant to Section 32010 to conduct an independent test to
36determine whether thatbegin delete pistol, revolver, or other firearm capable
37of being concealed upon the personend delete
begin insert handgunend insert is prohibited by
38Sections 31900 to 32110, inclusive, and, if not, allowing the
39department to add the firearm to the roster ofbegin delete pistols, revolvers,
P8    1and other firearms capable of being concealed upon the personend delete

2begin insert handgunsend insert that may be sold in this state pursuant to Section 32015.

3(2) The importation or lending of abegin delete pistol, revolver, or other
4firearm capable of being concealed upon the personend delete
begin insert handgunend insert by
5employees or authorized agents of entities determining whether
6the weapon is prohibited by this section.

7(3) Firearms listed as curios or relics, as defined in Section
8478.11 of Title 27 of the Code of Federal Regulations.

9(4) The sale or purchase of begin delete any pistol, revolver, or other firearm
10capable of being concealed upon the personend delete
begin insert a handgunend insert, if the
11begin delete pistol, revolver, or other firearmend deletebegin insert handgunend insert is sold to, or purchased
12by, the Department of Justice,begin delete anyend deletebegin insert aend insert police department,begin delete anyend deletebegin insert aend insert
13 sheriff’s official,begin delete anyend deletebegin insert aend insert marshal’s office, thebegin delete Youth and Adult
14Correctional Agencyend delete
begin insert Department of Corrections and
15Rehabilitationend insert
, the California Highway Patrol, any district
16attorney’s office,begin insert any federal law enforcement agency,end insert or the
17military or naval forces of this state or of the United States for use
18in the discharge of their official duties.begin delete Nor shall anything in this
19sectionend delete
begin insert This section does notend insert prohibit the sale to, or purchase by,
20sworn members of these agencies ofbegin delete any pistol, revolver, or other
21firearm capable of being concealed upon the personend delete
begin insert a handgun. A
22person who, under this paragraph, acquires a handgun that is not
23on the roster required by Section 32015, shall not sell or otherwise
24transfer ownership of the handgun to a person who is not exempted
25under this paragraphend insert
.

26(c) Violations of subdivision (a) are cumulative with respect to
27each handgun and shall not be construed as restricting the
28application of any other law. However, an act or omission
29punishable in different ways by this section and other provisions
30of law shall not be punished under more than one provision, but
31the penalty to be imposed shall be determined as set forth in Section
32654.

33

SEC. 4.  

Section 32015 of the Penal Code is amended to read:

34

32015.  

(a) On and after January 1, 2001, the Department of
35Justice shall compile, publish, and thereafter maintain a roster
36listing all of thebegin delete pistols, revolvers, and other firearms capable of
37being concealed upon the personend delete
begin insert handgunsend insert that have been tested
38by a certified testing laboratory, have been determined not to be
39unsafe handguns, and may be sold in this state pursuant to this
P9    1part. The roster shall list, for each firearm, the manufacturer, model
2number, and model name.

3(b) (1) The department may charge every person in this state
4who is licensed as a manufacturer of firearms pursuant to Chapter
544 (commencing with Section 921) of Title 18 of the United States
6Code, and any person in this state who manufactures or causes to
7be manufactured, imports into the state for sale, keeps for sale, or
8offers or exposes for sale anybegin delete pistol, revolver, or other firearm
9capable of being concealed upon the personend delete
begin insert handgunend insert in this state,
10an annual fee not exceeding the costs of preparing, publishing, and
11maintaining the roster pursuant to subdivision (a) and the costs of
12research and development, report analysis, firearms storage, and
13other program infrastructure costs necessary to implement Sections
1431900 to 32110, inclusive. Commencing January 1, 2015, the
15annual fee shall be paid on January 1, or the next business day, of
16every year.

17(2) Anybegin delete pistol, revolver, or other firearm capable of being
18concealed upon the personend delete
begin insert handgunend insert that is manufactured by a
19manufacturer who manufactures or causes to be manufactured,
20imports into the state for sale, keeps for sale, or offers or exposes
21for sale anybegin delete pistol, revolver, or other firearm capable of being
22concealed upon the personend delete
begin insert handgunend insert in this state, and who fails to
23pay any fee required pursuant to paragraph (1), may be excluded
24from the roster.

25(3) If a purchaser has initiated a transfer of a handgun that is
26listed on the roster as not unsafe, and prior to the completion of
27the transfer, the handgun is removed from the roster of not unsafe
28handguns because of failure to pay the fee required to keep that
29handgun listed on the roster, the handgun shall be deliverable to
30the purchaser if the purchaser is not otherwise prohibited from
31purchasing or possessing the handgun. However, if a purchaser
32has initiated a transfer of a handgun that is listed on the roster as
33not unsafe, and prior to the completion of the transfer, the handgun
34is removed from the roster pursuant to subdivision (d) of Section
3532020, the handgun shall not be deliverable to the purchaser.

begin insert
36

begin insertSEC. 5.end insert  

Section 1.5 of this bill incorporates amendments to
37Section 25100 of the Penal Code proposed by both this bill and
38Assembly Bill 231. It shall only become operative if (1) both bills
39are enacted and become effective on or before January 1, 2014,
40(2) each bill amends Section 25100 of the Penal Code, and (3) this
P10   1bill is enacted after Assembly Bill 231, in which case Section 1 of
2this bill shall not become operative.

end insert
begin insert
3

begin insertSEC. 6.end insert  

Section 3.5 of this bill incorporates amendments to
4Section 32000 of the Penal Code proposed by both this bill and
5Assembly Bill 169. It shall only become operative if (1) both bills
6are enacted and become effective on or before January 1, 2014,
7(2) each bill amends Section 32000 of the Penal Code, and (3) this
8bill is enacted after Assembly Bill 169, in which case Section 3 of
9this bill shall not become operative.

end insert
10

begin deleteSEC. 5.end delete
11begin insertSEC. 7.end insert  

 No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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