Amended in Assembly May 18, 2016

Amended in Assembly May 3, 2016

Amended in Senate March 30, 2016

Senate BillNo. 869


Introduced by Senator Hill

January 12, 2016


An act tobegin insert amend Section 25645 of, and toend insert add Section 25452begin delete toend deletebegin insert to,end insert 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.begin insert The bill would expressly make those requirements inapplicable to the transportation of unloaded firearms by a licensed common carrierend insertbegin insert in conformance with applicaend insertbegin insertble federal law.end insert

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:

P2    1

SECTION 1.  

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

3

25452.  

(a) begin deleteExcept as provided in Section 25645, a end deletebegin insertA end insertperson
4shall, when leaving a handgun in an unattended 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).

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

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

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.

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.

21begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25645 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

22

25645.  

begin deleteSection 25400 does end deletebegin insertSections 25400 and 25452 doend insertbegin insert end insertnot
23apply to, or affect, the transportation of unloaded firearms by a
24person operating a licensed common carrier or an authorized agent
25or employee thereof when the firearms are transported in
26conformance with applicable federal law.

27

begin deleteSEC. 2.end delete
28
begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
P3    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.



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