BILL NUMBER: SB 869 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 11, 2016
AMENDED IN ASSEMBLY MAY 18, 2016
AMENDED IN ASSEMBLY MAY 3, 2016
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Hill
(Principal coauthor: Assembly Member Chiu)
JANUARY 12, 2016
An act to amend Section 25645 of, and to add Section 25140, 25452,
and 25612 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 869, 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, locking it in a locked container and placing the
container out of plain view, or locking the handgun in a locked
container that is permanently affixed to the vehicle's interior and
not in plain view. 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. 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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25140 is added to the Penal Code, to read:
25140. (a) A person shall, when leaving a handgun in an
unattended vehicle, lock the handgun in the vehicle's trunk, lock the
handgun in a locked container and place the container out of plain
view, or lock the handgun in a locked container that is permanently
affixed to the vehicle's interior and not in 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.
(e) This section does 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 the act that
added this section.
SEC. 2. Section 25452 is added to the Penal Code, to read:
25452. A peace officer and an honorably retired peace officer
shall, when leaving a handgun in an unattended vehicle, secure the
handgun in the vehicle pursuant to Section 25140.
SEC. 3. Section 25612 is added to the Penal Code, to read:
25612. A person shall, when leaving a handgun in an unattended
vehicle, secure the handgun in the vehicle pursuant to Section 25140.
SEC. 4. Section 25645 of the Penal Code is amended to read:
25645. Sections 25140 and 25400 do not apply to, or affect, the
transportation of unloaded firearms by a person operating a licensed
common carrier or an authorized agent or employee thereof when the
firearms are transported in conformance with applicable federal law.
SEC. 5. 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.