BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              S
                             2013-2014 Regular Session               B

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          SB 363 (Wright)                                             
          As Amended April 22, 2013 
          Hearing date:  April 30, 2013
          Penal Code
          SM:mc

                             CRIMINAL STORAGE OF A FIREARM  

                                       HISTORY

          Source:  Author

          Prior Legislation:SB 9 (Soto) - Chap. 126, Stats of 2001
                         AB 1142 (Soto) - vetoed, 1999

          Support: California Chapters of the Brady Campaign to Prevent  
                   Gun Violence; Coalition Against Gun Violence; South  
                   County Citizens Against Gun Violence; one individual

          Opposition:California Association of Federal Firearms Licensees;  
                   California Right to Carry; California Attorneys for  
                   Criminal Justice

                                           
                                     KEY ISSUES
           
          SHOULD A PERSON BE GUILTY OF CRIMINAL STORAGE OF A FIREARM WHO  
          KEEPS ANY LOADED FIREARMS WITHIN ANY PREMISES AND KNOWS OR  
          REASONABLY SHOULD KNOW THAT A PERSON WHO IS PROHIBITED FROM  
          POSSESSING A FIREARM IS LIKELY TO GAIN ACCESS TO THE FIREARM,  
          AND THAT PROHIBITED PERSON DOES IN FACT GAIN ACCESS TO THE  
          FIREARM AND THEREBY KILLS OR INJURES SOMEONE?





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          SHOULD ANY 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 BE REQUIRED TO SECURE THE  
          FIREARM WITHIN A LOCKED CONTAINER, AS DEFINED, OR WITH A LOCKING  
          DEVICE AS DEFINED, OR WITHIN A GUN SAFE AS DEFINED, AND STORE THE  
          FIREARM IN A MANNER THAT THE INDIVIDUAL MAY NOT GAIN ACCESS TO THE  
          FIREARM; AND SHOULD FAILURE TO DO SO BE A MISDEMEANOR PUNISHABLE BY  
          UP TO ONE YEAR IN COUNTY JAIL, A FINE OF UP TO $1,000, OR BY BOTH?



                                       PURPOSE

          The purpose of this bill is to (1) amend the existing crime of  
          "criminal storage of a firearm" to provide that a person who  
          keeps any loaded firearms within any premises and knows or  
          reasonably should know that a person who is prohibited from  
          possessing a firearm under state or federal law is likely to  
          gain access to the firearm, and that prohibited person does in  
          fact gain access to the firearm and thereby kills or injures  
          someone would be guilty of criminal storage of a firearm; (2)  
          require that any 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 to secure  
          the firearm within a locked container, as defined, or with a  
          locking device as defined, or within a gun safe as defined, and  
          store the firearm in a manner that the individual may not gain  
          access to the firearm and specify that a violation of this  
          section is a misdemeanor punishable by up to one year in county  
          jail, a fine of up to $1,000, or by both; and (3) provide that  
          beginning January 1, 2013, the fee charged by the Department of  
          Justice for the handgun safety testing program, as specified,  
          shall be paid on January 1 of every year.




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          Firearms Storage Requirements
          
           Current law  provides that, except as specified, a person commits  
          the crime of "criminal storage of a firearm of the first degree"  
          if all of the following conditions are satisfied:

                 The person keeps any  loaded  firearm within any premises  
               that are under the person's custody or control.
                 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.
                 The child obtains access to the firearm and thereby  
               causes death or great bodily injury to the child or any  
               other person.  (Penal Code § 25100.)

          Criminal storage of a firearm in the first degree is punishable  
          as a felony by imprisonment in a county jail for 16 months, or  
          two or three years, by a fine not exceeding $10,000, or both; or  
          as a misdemeanor by imprisonment in a county jail not exceeding  
          one year, by a fine not exceeding $1,000, or by both that  
          imprisonment and fine.  (Penal Code § 25110(a).)

           Current law  provides that, except as specified, a person commits  
          the crime of "criminal storage of a firearm of the second  
          degree" if all of the following conditions are satisfied:

                 The person keeps any  loaded  firearm within any premises  
               that are under the person's custody or control.
                 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.
                 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 and draws or  
               exhibits the firearm, as specified.  (Penal Code  
               §25100(b).)

          Criminal storage of a firearm in the second degree is punishable  




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          by imprisonment in a county jail not exceeding one year, by a  
          fine not exceeding $1,000, or both.  (Penal Code § 25110(b).)

           Current law  provides that, 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  
          $1,000, or both:

                 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.
                 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.
                 The child obtains access to that firearm and thereafter  
               carries that firearm off-premises.  (Penal Code §  
               25200(a).)

           Current law  provides that 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 $5,000, or  
          both:

                 The person keeps any firearm within any premises that  
               are under the person's custody or control.
                 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.
                 The child 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.  (Penal  
               Code § 25200(b).)

           Current law  provides that a handgun that a child 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  




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          this code or any felony" for the purpose of the authority to  
          confiscate firearms and other deadly weapons as a nuisance.   
          (Penal Code § 25200(c).)

           Current law  provides that the penalties listed above do not  
          apply if any of the following are true:

                 The child obtains the firearm as a result of an illegal  
               entry into any premises by any person.
                 The firearm is kept in a locked container or in a  
               location that a reasonable person would believe to be  
               secure.
                 The firearm is locked with a locking device, as defined,  
               which has rendered the firearm inoperable.
                 The firearm is carried on the person within close enough  
               range that the individual can readily retrieve and use the  
               firearm as if carried on the person. 
                 The person is a peace officer or a member of the Armed  
               Forces or National Guard and the child obtains the firearm  
               during, or incidental to, the performance of the person's  
               duties.
                 The child obtains, or obtains and discharges, the  
               firearm in a lawful act of self-defense or defense of  
               another person.
                 The person who keeps a firearm has no reasonable  
               expectation, based on objective facts and circumstances,  
               that a child is likely to be present on the premises.   
               (Penal Code 
               § 25205.)

           Current law  requires licensed firearms dealers to post within  
          the licensed premises a specified notice disclosing the duty  
          imposed by this chapter upon any person who keeps any firearm.   
          (Penal Code § 25225.)

          Persons Prohibited From Firearms Ownership
          
           Current federal law  provides that it is unlawful for any person  
          to sell or otherwise dispose of any firearm or ammunition to any  




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          person knowing or having reasonable cause to believe that such  
          person -
                 is under indictment for, or has been convicted in any  
               court of, a crime punishable by imprisonment for a term  
               exceeding one year;
                 is a fugitive from justice;
                 is an unlawful user of or addicted to any controlled  
               substance, as defined 
                 has been adjudicated as a mental defective or has been  
               committed to any mental institution;
                 who, being an alien -
                  o         is illegally or unlawfully in the United  
                    States; or
                  o         except as specified, has been admitted to the  
                    United States under a nonimmigrant visa, as defined;
                 who has been discharged from the Armed Forces under  
               dishonorable conditions;
                 who, having been a citizen of the United States, has  
               renounced his citizenship;
                 is subject to a court order that restrains such person  
               from harassing, stalking, or threatening an intimate  
               partner of such person or child of such intimate partner or  
               person, or engaging in other conduct that would place an  
               intimate partner in reasonable fear of bodily injury to the  
               partner or child, except that this paragraph shall only  
               apply to a court order that -
                  o         was issued after a hearing of which such  
                    person received actual notice, and at which such  
                    person had the opportunity to participate; and
                                     includes a finding that such person  
                         represents a credible threat to the physical  
                         safety of such intimate partner or child; or
                                     by its terms explicitly prohibits  
                         the use, attempted use, or threatened use of  
                         physical force against such intimate partner or  
                         child that would reasonably be expected to cause  
                         bodily injury; or
                 has been convicted in any court of a misdemeanor crime  
               of domestic violence.  (18 United States Code § 922(d).)




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           Current California law  provides that certain people are  
          prohibited from owning or possessing a firearm.  This includes  
          (not an exhaustive list):

          Lifetime ban
          
                 Anyone convicted of a felony. 
                 Anyone addicted to a narcotic drug.
                 Any juvenile convicted of a violent crime with a gun and  
               tried in adult court.
                 Any person convicted of a federal crime that would be a  
               felony in California and sentenced to more than 30 days in  
               prison, or a fine of more than $1,000.  (Penal Code 
               § 29800(a).)
                 Anyone convicted of   certain violent misdemeanors, e.g.,  
               assault with a firearm; inflicting corporal injury on a  
               spouse or significant other, brandishing a firearm in the  
               presence of a police officer (Penal Code §§ 29800/23515;  
               29805; 18 U.S.C. § 921(a)(33)(A)/18 U.S.C. § 922(g)(9).) 

          10-Year Ban
          
          Anyone convicted of numerous misdemeanors involving violence or  
          threats of violence.  (Penal Code § 29805.)

          5-Year Ban
          
                 Anyone convicted of specified misdemeanors.
                 Any person taken into custody, assessed, and admitted to  
               a designated facility due to that person being found to be  
               a danger to themselves or others as a result of a mental  
               disorder, is prohibited from possessing a firearm during  
               treatment and for five years from the date of their  
               discharge.  (Welfare and Institutions Code §§ 8100,  
               8103(f).)

          Temporary Bans
          




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           Current law  provides that persons who are bound by a temporary  
          restraining order or injunction or a protective order issued  
          under the Family Code or the Welfare and Institutions Code, may  
          be prohibited from firearms ownership for the duration of that  
          court order.  (Penal Code § 29825.)
           
          Current law  provides that no person, corporation, or dealer  
          shall sell, supply, deliver, or give possession or control of a  
          firearm to anyone whom the person, corporation, or dealer knows  
          or has cause to believe is prohibited from possessing a firearm,  
          as specified.  Violation is generally a misdemeanor, punishable  
          by up to six months in county jail, a fine of up to $1,000 or  
          both. However, violations may be punishable as a felony, with  
          varying prison terms, where a variety of aggravating  
          circumstances are present.  (Penal Code §§ 27500, 27590.)

           Current law  requires the Department of Justice (DOJ) to 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, as specified.  The  
          roster shall list for each firearm the manufacturer, model  
          number, and model name.  DOJ may charge an annual fee to  
          firearms manufacturers and importers for the costs of  
          implementing this program of handgun safety testing, as  
          specified.  (Penal Code § 32015.)

           This bill  would amend the existing crime of "criminal storage of  
          a firearm" to provide that a person who keeps any loaded  
          firearms within any premises and knows or reasonably should know  
          that a person who is prohibited from possessing a firearm  
          pursuant to state or federal law is likely to gain access to the  
          firearm, and that prohibited person does in fact gain access to  
          the firearm and thereby kills or injures someone would be guilty  
          of criminal storage of a firearm.  If the prohibited person  
          causes death or great bodily injury, this would be punishable as  
          a felony by imprisonment in a county jail for 16 months, or two  
          or three years, by a fine not exceeding $10,000, or both; or as  




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          a misdemeanor by imprisonment in a county jail not exceeding one  
          year, by a fine not exceeding $1,000, or by both that  
          imprisonment and fine.  If the prohibited person causes injury,  
          other than great bodily injury, or carries the firearm and draws  
          or exhibits the firearm, as specified, this would be punishable  
          by imprisonment in a county jail not exceeding one year, by a  
          fine not exceeding $1,000, or both.

           This bill  would also require that any 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 to secure the firearm within a locked container, as  
          defined, or with a locking device as defined, or within a gun  
          safe as defined, and store the firearm in a manner that the  
          individual may not gain access to the firearm.  A violation of  
          this section would be a misdemeanor punishable by up to one year  
          in a county jail, a fine of up to $1,000, or both.

           This bill  would provide that, beginning January 1, 2013, the fee  
          charged by DOJ for the handgun safety testing program, as  
          specified, shall be paid on January 1 of every year.


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the last several years, severe overcrowding in California's  
          prisons has been the focus of evolving and expensive litigation  
          relating to conditions of confinement.  On May 23, 2011, the  
          United States Supreme Court ordered California to reduce its  
          prison population to 137.5 percent of design capacity within two  
          years from the date of its ruling, subject to the right of the  
          state to seek modifications in appropriate circumstances.   

          Beginning in early 2007, Senate leadership initiated a policy to  
          hold legislative proposals which could further aggravate the  
          prison overcrowding crisis through new or expanded felony  
          prosecutions.  Under the resulting policy known as "ROCA" (which  
          stands for "Receivership/ Overcrowding Crisis Aggravation"), the  




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          Committee held measures which created a new felony, expanded the  
          scope or penalty of an existing felony, or otherwise increased  
          the application of a felony in a manner which could exacerbate  
          the prison overcrowding crisis.  Under these principles, ROCA  
          was applied as a content-neutral, provisional measure necessary  
          to ensure that the Legislature did not erode progress towards  
          reducing prison overcrowding by passing legislation which would  
          increase the prison population.  ROCA necessitated many hard and  
          difficult decisions for the Committee.

          In January of 2013, just over a year after the enactment of the  
          historic Public Safety Realignment Act of 2011, the State of  
          California filed court documents seeking to vacate or modify the  
          federal court order issued by the Three-Judge Court three years  
          earlier to reduce the state's prison population to 137.5 percent  
          of design capacity.  The State submitted in part that the, ". .  
          .  population in the State's 33 prisons has been reduced by over  
          24,000 inmates since October 2011 when public safety realignment  
          went into effect, by more than 36,000 inmates compared to the  
          2008 population . . . , and by nearly 42,000 inmates since 2006  
          . . . ."  Plaintiffs, who opposed the state's motion, argue in  
          part that, "California prisons, which currently average 150% of  
          capacity, and reach as high as 185% of capacity at one prison,  
          continue to deliver health care that is constitutionally  
          deficient."  In an order dated January 29, 2013, the federal  
          court granted the state a six-month extension to achieve the  
          137.5 % prisoner population cap by December 31st of this year.  

          In an order dated April 11, 2013, the Three-Judge Court denied  
          the state's motions, and ordered the state of California to  
          "immediately take all steps necessary to comply with this  
          Court's . . . Order . . . requiring defendants to reduce overall  
          prison population to 137.5% design capacity by December 31,  
          2013."         

          The ongoing litigation indicates that prison capacity and  
          related issues concerning conditions of confinement remain  
          unresolved.  However, in light of the real gains in reducing the  
          prison population that have been made, although even greater  




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          reductions are required by the court, the Committee will review  
          each ROCA bill with more flexible consideration.  The following  
          questions will inform this consideration:

                 whether a measure erodes realignment;
                 whether a measure addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
                 whether a bill corrects a constitutional infirmity or  
               legislative drafting error; 
                 whether a measure proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy; and
                 whether a bill addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               A firearm owner may legally own a firearm and keep a  
               firearm in his or her own home.  However, a problem  
               arises when a person who is prohibited from owning or  
               possessing a firearm is residing in the same home as  
               the person who legally owns a firearm.  This means  
               that the prohibited person could potentially have  
               "possession" and access to the firearm because it is  
               stored under the same roof. 

               This is similar to what happened in the tragic  
               Connecticut School shooting on December 14, 2012.   
                                                                                      Adam Lanza took his mother's firearms and used them to  
               kill his mother, and the 20 children and six adults at  
               Sandy Hook Elementary School.  If his mother had  
               stored the firearms safely, and away from her son, who  




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               had a history of mental instability, it would have  
               made it harder for Mr. Lanza to access the firearms  
               and commit the gruesome crimes.

               By imposing a duty on persons who legally own firearms  
               to safely store them when they know, or have reason to  
               know, that they are living with someone who is  
               prohibited from owning or possessing a firearm, the  
               chances that a prohibited person could access and use  
               a firearm is greatly reduced.  Firearm owners must  
               recognize that owning a firearm comes with certain  
               responsibilities, one of which is to make sure that  
               they are safely stored so that that prohibited, and  
               possibly dangerous persons with whom they reside,  
               cannot access them.


          2.  Providing Access to Firearms to Prohibited Persons  

          Many people are prohibited by either federal or state law, or  
          both, from owning firearms for a variety of reasons, as detailed  
          above.  This bill addresses the issue of firearm possession by a  
          person who resides with a person who is prohibited by law from  
          owning a firearm.  Current California law makes it a crime for  
          any person to sell,  supply, deliver, or give possession or  
          control  of a firearm to anyone whom the person knows or has  
          cause to believe is prohibited from possessing a firearm.   
          (Penal Code § 27500, emphasis added.)  Parallel federal law  
          makes it a crime for any person to "sell or otherwise dispose"  
          of any firearm or ammunition to any person knowing or having  
          reasonable cause to believe that such person is prohibited from  
          possessing a firearm.  (18 U.S.C. § 922(d).)

          A recent decision by the federal Eighth Circuit Court of Appeal  
          upheld the conviction of a man who had allowed such a  
          "prohibited person" to stay in his RV and disclosed to his guest  
          the location of his firearms in the RV. (United States v.  
          Stegmeier, 701 F.3d 574 (8th Cir. 2012).)  The Court found that  
          this constituted a violation of the federal law prohibiting  




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          disposing of any firearm or ammunition to a prohibited person. 

               [A] recipient's possession is sufficient proof that a  
               defendant disposed of a firearm.  Constructive  
               possession is "control over the place where the  
               firearm was located, or control, ownership, or  
               dominion of the firearm itself."  Even assuming  
               Stegmeier did not give Kelley title or ownership of  
               the firearm, he did give Kelley full, unrestricted  
               control over the RV where the firearm was.  Stegmeier  
               believes that the district court knew the case was  
               weak because there was no evidence that Kelley  
               actually possessed the firearm.  However, the jury may  
               use circumstantial evidence. It heard evidence that  
               Stegmeier gave Kelley access to the entire RV and  
               disclosed the specific location of the firearm.  When  
               police located it outside of the closet - near  
               Kelley's wallet - Stegmeier said that Kelley "must  
               have moved it." There is sufficient evidence for the  
               jury to find that Stegmeier provided a firearm to a  
               prohibited person.  (United States v. Stegmeier, 701  
               F.3d 574, 579-580 (8th Cir. 2012)(citations omitted).)

          Thus residing with a person who you know, or have reason to  
          know, is prohibited from owning a firearm for any reason, and  
          giving that person access to any firearms you possess whether  
          that person actually uses the firearm to cause harm or not has  
          been found to be a crime under federal law.  (U.S. v. Stegmeier,  
          supra, 18 U.S.C. 922(d).)  The penalty for violation under  
          federal law is up to 10 years in prison and a fine of up to  
          $250,000.  (18 U.S.C. § 924(a)(2), 18 USC § 3571.)  Whether  
          permitting access to firearms to a cohabitant who is prohibited  
          from possessing a firearm is currently a violation of California  
          law is not clear.  As noted above, current California law  
          provides that "no person, corporation, or dealer shall sell,  
          supply, deliver, or give possession or control of a firearm to  
          anyone whom the person, corporation, or dealer knows or has  
          cause to believe is prohibited from possessing a firearm."  
          (Penal Code § 27500.)  While there does not appear to be any  




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          published opinion to this effect, a California court could, as  
          the Eighth Circuit Court of Appeal recently did, find that  
          anyone living with a person who is prohibited from possessing a  
          firearm has the duty to deny access to the firearm by the  
          prohibited person.  






































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          3.  Constitutional Considerations  

          The Second Amendment of the Constitution states, "A well  
          regulated Militia, being necessary to the security of a free  
          State, the right of the people to keep and bear Arms, shall not  
          be infringed." (United States Const. Amend. 2.)  For years,  
          courts and commentators have interpreted that language to mean  
          that the right secured by the Second Amendment relates to  
          firearm ownership only in the context of a "well regulated  
          militia."  This is known as the "collective rights"  
          interpretation.  In the landmark case of District of Columbia v.  
          Heller, the United States Supreme Court rejected the "collective  
          rights" view of the Second Amendment, and, instead, endorsed the  
          "individual rights" interpretation, that the Second Amendment  
          protects the right of each citizen to firearm ownership.  After  
          adopting this reading of the Second Amendment, the Supreme Court  
          held that federal law may not prevent citizens from owning a  
          handgun in their home.  (District of Columbia v. Heller, 554  
          U.S. 570, 683-684.) Two years later, in McDonald v. City of  
          Chicago, the Supreme Court extended this ruling to apply to laws  
          passed by the 50 states.  (McDonald v. City of Chicago, 130 S.  
          Ct. 3020 (2010).) 

          One question this bill poses is whether requiring firearms  
          owners who live with prohibited persons to keep their firearms  
          stored in such a way as to deny access to the prohibited  
          cohabitant violates the firearm owner's right to home defense,  
          as recognized in Heller.  After deciding that the Second  
          Amendment protects an individual right to firearm ownership, the  
          Court applied that to the law in question:

               We turn finally to the law at issue here.  As we have  
               said, the law totally bans handgun possession in the  
               home.  It also requires that any lawful firearm in the  
               home be disassembled or bound by a trigger lock at all  
               times, rendering it inoperable. 

               As the quotations earlier in this opinion demonstrate,  
               the inherent right of self-defense has been central to  




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               the Second Amendment right.  The handgun ban amounts  
               to a prohibition of an entire class of "arms" that is  
               overwhelmingly chosen by American society for that  
               lawful purpose.  The prohibition extends, moreover, to  
               the home, where the need for defense of self, family,  
               and property is most acute.  Under any of the  
               standards of scrutiny that we have applied to  
               enumerated constitutional rights, banning from the  
               home "the most preferred firearm in the nation to  
               'keep' and use for protection of one's home and  
               family," would fail constitutional muster.  (District  
               of Columbia v. Heller, 554 U.S. 570, 628-629 (2008)  
               (citations and footnotes omitted).)

          The law that the Supreme Court struck down in Heller required  
          the firearms owner to render the firearm inoperable while the  
          owner is home.  This bill would require that any firearms owned  
          by a person who resides with a prohibited person be locked or  
          otherwise rendered inoperable "in a manner that the individual  
          may not gain access to the firearm."  How the holding in Heller  
          might be applied to a person residing with a person who is  
          prohibited from possessing a firearm is not clear. 

          4.  Sentencing Considerations

           This bill expands the categories of the existing crime for  
          criminal storage of firearms.  The felony penalty for this  
          offense applies where the access causes death or great bodily  
          injury.  Currently, there are no persons in prison for this  
          offense.  There currently are more than 19,000 armed prohibited  
          persons in California.

          5.  Related Legislation  

          SB 108 (Yee) would require all firearm owners to keep their  
          firearms either locked up or disabled with a firearm safety  
          device whenever they are not at home (to be heard in Senate  
          Appropriations Committee on April 29, 2013).












                                                            SB 363 (Wright)
                                                                     Page 17



          AB 231 (Ting) would amend the criminal storage of a firearm  
          statute to create "criminal storage of a firearm in the third  
          degree" if the person keeps any loaded firearm within any  
          premises that are under the person's custody or control and  
          negligently stores or leaves a loaded firearm in a location  
          where the person knows, or reasonably should know, that a child  
          is likely to gain access to the firearm, unless reasonable  
          action is taken by the person to secure the firearm against  
          access by the child.  Additionally, would impose civil liability  
          on parents for any injury to the person or property of another  
          proximately caused by the discharge of a firearm by a minor  
          under 18 years of age if the parent or guardian either permitted  
          the minor to have the firearm or left the firearm in a place  
          accessible to the minor (pending in Assembly Appropriations). 

          AB 500 (Ammiano) would require all firearm owners who reside  
          with a prohibited person to keep their firearms either locked up  
          or disabled with a firearm safety device whenever they are not  
          at home (pending in Assembly Appropriations).


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