BILL NUMBER: SB 869 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 3, 2016 AMENDED IN SENATE MARCH 30, 2016 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 in an unattended 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: SECTION 1. Section 25452 is added to the Penal Code, to read: 25452. (a)
AExcept as provided in Section 25645, a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle's trunk or lock the handgun in a locked container and place the container out of plain view. (b) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000). (c) (1) As used in this section, "vehicle" has the same meaning as specified in Section 670 of the Vehicle Code. (2) As used in this section, "locked container" has the same meaning as specified in Section 16850. (3) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents. (d) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties. SEC. 2. 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.