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
begin delete vehicle orend delete locking it in a locked
container and placing the container out of plain begin delete view.end delete The bill would make a violation of these requirements an infraction punishable by a fine not exceeding $1,000. The bill would expressly make those requirements inapplicable to the transportation of unloaded firearms by a licensed common carrier in conformance with applicable federal law.
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:
begin delete25452end delete is added to the Penal Code,
(a) A person shall, when leaving a handgun in an
5unattended vehicle, lock the handgun in the vehicle’s
begin delete trunk orend delete
6 lock the handgun in a locked container and place the
7container out of plain
begin delete view.end delete
10(b) A violation of subdivision (a) is an infraction punishable by
11a fine not exceeding one thousand dollars ($1,000).
12(c) (1) As used in this section, “vehicle” has the same meaning
13as specified in Section 670 of the Vehicle Code.
14(2) As used in this section, “locked container” has the same
15meaning as specified in Section 16850.
16(3) For purposes of this section, a vehicle is unattended when
17a person who is lawfully carrying or transporting a handgun in a
18vehicle is not within close enough proximity to the vehicle to
19reasonably prevent unauthorized access to the vehicle or its
21(d) This section does not apply to a peace officer during
22circumstances requiring immediate aid or action that are within
23the course of his or her official duties.
Section 25645 of the Penal Code is amended to read:
begin delete 25400 and 25452end delete do not
16apply to, or affect, the transportation of unloaded firearms by a
17person operating a licensed common carrier or an authorized agent
18or employee thereof when the firearms are transported in
19conformance with applicable federal law.
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