Bill Text: CA AB231 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Firearms: criminal storage.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 730, Statutes of 2013. [AB231 Detail]

Download: California-2013-AB231-Amended.html

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BILL NUMBER: AB 231	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Members Ting and Gomez

                        FEBRUARY 5, 2013

   An act  relating  to  public safety
  amend Se   ctions 25100 and 25110 of, and to
repeal and add Section 25105 of, the Penal Code, relating to firearms
 .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 231, as amended, Ting.  Public safety: gun violence.
  Firearms: criminal storage.  
   Existing law establishes the offenses of criminal storage of a
firearm in the first degree when a child obtains access to a person's
loaded firearm resulting in death or great bodily injury, as
specified, and criminal storage of a firearm in the 2nd degree, where
the child obtains access to the firearm resulting in injury other
than great bodily injury or the firearm is carried off premises, as
specified. Existing law provides several exceptions to these
offenses, including, among others, when a child obtains the firearm
as a result of illegal entry to the premises, when the firearm is
locked with a locking device, or when a child obtains, or obtains and
discharges, the firearm in a lawful act of self-defense or defense
of another person. Existing law makes the first degree offense
punishable as a felony or misdemeanor with specified penalties and
makes the 2nd degree offense punishable as a misdemeanor with
specified penalties.  
   This bill would recast those offenses to make it a crime for a
person to keep a loaded firearm within any premises under his or her
custody or control and a child obtains access to a person's loaded
firearm, as specified, and would not require that the firearm be
carried off premises or result in any injury or death. The only
exception to the offense would be when a child obtains, or obtains
and discharges, the firearm in a lawful act of self-defense or
defense of another person. The bill would make the offense punishable
as a felony or a misdemeanor with specified penalties. The bill
would make a person who owns a firearm strictly liable for each
incidence of property damage, bodily injury, or death resulting from
the use of his or her firearm. This bill would provide that strict
liability does not apply if the owner of the firearm has reported his
or her firearm to local law enforcement as lost or stolen. By
expanding the definition of a crime and imposing additional duties as
local prosecutors, the 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.  
   Existing law provides that the Legislature finds and declares that
it is the right of every person, regardless of race, color, creed,
religion, national origin, gender, gender identity, gender
expression, age, sexual orientation, or handicap, to be secure and
protected from fear, intimidation, and physical harm caused by the
activities of violent groups and individuals.  
   This bill would state the intent of the Legislature to enact
legislation that would ensure that Californians are not at undue risk
of gun violence. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25100 of the   Penal
Code   is amended to read: 
   25100.  (a)  Except as provided in Section 25105, a
  A  person commits the crime of "criminal storage
of a  firearm of the first degree"  firearm"
 if all of the following conditions are satisfied:
   (1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
   (2)  The   Regardless   of whether
the  person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal  guardian   guardian, a
child does obtain access to the firearm without permission of the
child's parent or legal guardian  . 
   (3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person.
 
   (b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:  
   (1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.  
   (2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.  
   (3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417.  
   (b) This section does not apply when the child obtains, or obtains
and discharges, the firearm in a lawful act of self-defense or
defense of another person. 
   SEC. 2.    Section 25105 of the   Penal Code
  is repealed.  
   25105.  Section 25100 does not apply whenever any of the following
occurs:
   (a) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
   (b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
   (c) The firearm is carried on the person or within close enough
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
   (d) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
   (e) The person is a peace officer or a member of the Armed Forces
or the National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
   (f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
   (g) The person who keeps a loaded firearm on premises that are
under the person's custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises. 
   SEC. 3.    Section 25105 is added to the  
Penal Code   , to read:  
   25105.  (a) A person who owns a firearm shall be strictly liable
for each incidence of property damage, bodily injury, or death
resulting from the use of his or her firearm.
   (b) This section does not apply if the owner of the firearm
reports the firearm to local law enforcement as lost or stolen. 

   SEC. 4.    Section 25110 of the   Penal Code
  is amended to read: 
   25110.   (a)    Criminal storage
of a firearm  in the first degree  is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 for 16
months, or two or three years, by a fine not exceeding ten thousand
dollars ($10,000), or by both that imprisonment and fine; or by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. 
   (b) Criminal storage of a firearm in the second degree is
punishable by imprisonment in a county jail not exceeding one year,
by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine. 
   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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would ensure that Californians are not at
undue risk of gun violence.