Amended in Senate March 30, 2016

Senate BillNo. 869


Introduced by Senator Hill

January 12, 2016


An act to add Section 25452 to the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 869, as amended, Hill. Firearms: securing handguns in vehicles.

Existing law prohibits a person who is 18 years of age or older, and who is the owner, lessee, renter, or other legal occupant of a residence, who owns a firearm and who knows or has reason to know that another person also residing there is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm from keeping a firearm in that residence, unless the firearm is secured, as specified. A violation of this prohibition is a misdemeanor.

This bill would require a person, when leaving a handgun inbegin delete aend deletebegin insert an unattendedend insert vehicle, to secure the handgun by locking it in the trunk of the vehicle or locking it in a locked container and placing the container out of plain view. The bill would make a violation of these requirements an infraction punishable by a fine not exceeding $1,000.

By creating a new 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:

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SECTION 1.  

Section 25452 is added to the Penal Code, to
2read:

3

25452.  

(a) begin deleteNotwithstanding Section 25450, a end deletebegin insertA end insertperson shall,
4when leaving a handgun inbegin delete aend deletebegin insert an unattendedend insert vehicle, lock the
5handgun in the vehicle’s trunk or lock the handgun in a locked
6container and place the container out of plain view.

7(b) A violation of subdivision (a) is an infraction punishable by
8a fine not exceeding one thousand dollars ($1,000).

begin insert

9
(c) (1) As used in this section, “vehicle” has the same meaning
10as specified in Section 670 of the Vehicle Code.

end insert
begin insert

11
(2) As used in this section, “locked container” has the same
12meaning as specified in Section 16850.

end insert
begin insert

13
(3) For purposes of this section, a vehicle is unattended when
14a person who is lawfully carrying or transporting a handgun in a
15vehicle is not within close enough proximity to the vehicle to
16reasonably prevent unauthorized access to the vehicle or its
17contents.

end insert
begin insert

18
(d) This section does not apply to a peace officer during
19circumstances requiring immediate aid or action that are within
20the course of his or her official duties.

end insert
21

SEC. 2.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.



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