Amended in Assembly August 11, 2016

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

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(Principal coauthor: Assembly Member Chiu)

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January 12, 2016


An act to amend Section 25645 of, and to add Sectionbegin delete 25452end deletebegin insert 25140, 25452, and 25612end insert 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 thebegin delete vehicle orend deletebegin insert vehicle,end insert locking it in a locked container and placing the container out of plainbegin delete view.end deletebegin insert view, or locking the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view.end insert 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.begin insert The bill would also provide that these provisions do not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before the date of enactment of this bill.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:

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SECTION 1.  

Section begin delete25452end deletebegin insert25140end insert is added to the Penal Code,
2to read:

3

begin delete25452. end delete
4
begin insert25140.end insert  

(a) A person shall, when leaving a handgun in an
5unattended vehicle, lock the handgun in the vehicle’sbegin delete trunk orend delete
6begin insert trunk,end insert lock the handgun in a locked container and place the
7container out of plainbegin delete view.end deletebegin insert view, or lock the handgun in a locked
8 container that is permanently affixed to the vehicle’s interior and
9not in plain view.end insert

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
20contents.

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.

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(e) This section does not supersede any local ordinance that
2regulates the storage of handguns in unattended vehicles if the
3ordinance was in effect before the date of enactment of the act that
4added this section.

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5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25452 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
6

begin insert25452.end insert  

A peace officer and an honorably retired peace officer
7shall, when leaving a handgun in an unattended vehicle, secure
8the handgun in the vehicle pursuant to Section 25140.

end insert
9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25612 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
10

begin insert25612.end insert  

A person shall, when leaving a handgun in an
11unattended vehicle, secure the handgun in the vehicle pursuant to
12Section 25140.

end insert
13

begin deleteSEC. 2.end delete
14
begin insertSEC. 4.end insert  

Section 25645 of the Penal Code is amended to read:

15

25645.  

Sectionsbegin delete 25400 and 25452end deletebegin insert 25140 and 25400end insert 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.

20

begin deleteSEC. 3.end delete
21
begin insertSEC. 5.end insert  

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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