Bill Text: CA AB231 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 231 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Ting and Gomez
FEBRUARY 5, 2013
An act to amend Sections 25100, 25110, and 26835 of the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 231, as amended, Ting. Firearms: criminal storage.
Existing law establishes the offenses of criminal storage of a
firearm in the first degree, when a person keeps a loaded firearm
within any premises under his or her custody or control, 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
guardian, and 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, when under those
circumstances, 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 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 establish the offense of criminal storage of a
firearm in the 3rd degree, when a person keeps a loaded firearm
within any premises under his or her custody or control and
negligently stores or leaves a loaded firearm in a location where 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, unless reasonable action is taken by the
person to secure the firearm against access by the child. The bill
would make the offense punishable as a misdemeanor. By creating a new
crime, the bill would impose a state-mandated local program.
Existing law requires a firearms dealer to conspicuously post
specified warnings in the dealer's licensed premises, including,
among others, warnings regarding the criminal storage of firearms and
the penalties for those offenses.
This bill would make conforming changes to those required warnings
to reflect the offense of criminal storage of a firearm in the 3rd
degree.
This bill would incorporate changes to Section 25100 of the Penal
Code proposed by SB 363 that would become operative if this bill and
SB 363 are both chaptered and this bill is chaptered last. The
bill would also incorporate changes to Section 26835 of the Penal
Code proposed by SB 299 that would become operative if this bill and
SB 299 are both chaptered and this bill is chaptered last.
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:
SECTION 1. Section 25100 of the Penal Code is amended to read:
25100. (a) Except as provided in Section 25105, a person commits
the crime of "criminal storage of a firearm in the first 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
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 in 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.
(c) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm in the third degree" if the
person keeps any loaded firearm within any premises that are under
the person's custody or control and negligently stores or leaves a
loaded firearm in a location where 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,
unless reasonable action is taken by the person to secure the firearm
against access by the child.
SEC. 1.5. Section 25100 of the Penal Code is amended to read:
25100. (a) Except as provided in Section 25105, a person commits
the crime of "criminal storage of a firearm in the first 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, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law is likely to gain access to the firearm.
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person, or the
person prohibited from possessing a firearm or deadly weapon
pursuant to state or federal law obtains access to the firearm and
thereby causes death or great bodily injury to himself or herself or
any other person.
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm in 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, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law is likely to gain access to the firearm.
(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, or the person prohibited from possessing a
firearm or deadly weapon pursuant to state or federal law obtains
access to the firearm and thereby causes injury, other than great
bodily injury, to himself or herself or any other person, or carries
the firearm either to a public place or in violation of Section 417.
(c) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm in the third degree" if the
person keeps any loaded firearm within any premises that are under
the person's custody or control and negligently stores or leaves a
loaded firearm in a location where 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,
unless reasonable action is taken by the person to secure the firearm
against access by the child.
SEC. 2. 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.
(c) Criminal storage of a firearm in the third degree is
punishable as a misdemeanor.
SEC. 3. Section 26835 of the Penal Code is amended to read:
26835. A licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
(a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
(b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(c) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(d) "IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A
MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000),
UNLESS YOU STORE STORED THE FIREARM IN
A LOCKED CONTAINER, OR LOCK LOCKED THE
FIREARM WITH A LOCKING DEVICE."
(e) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
(f) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
(g) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
SEC. 3.5 . Section 26835 of
the Penal Code is amended to read:
26835. A licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
(a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
(b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(c) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(d) "IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A
MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000),
UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE
FIREARM WITH A LOCKING DEVICE."
(d)
(e) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS,
CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO
LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM,
AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL
TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE."
(e)
(f) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT
TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING
OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND
CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK
PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT
FIREARM."
(f)
(g) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE
MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING
CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY
SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE
MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING
CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD."
(h) "IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST
REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE
LOSS OR THEFT OCCURRED WITHIN SEVEN DAYS OF THE TIME YOU KNEW OR
REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR
STOLEN."
(i) "IF YOU FALSELY REPORT THAT A FIREARM YOU OWN OR POSSESS IS
LOST OR STOLEN, YOU FACE CRIMINAL PROSECUTION AND LOSS OF YOUR RIGHT
TO POSSESS A FIREARM OR AMMUNITION FOR 10 YEARS."
SEC. 4. Section 1.5 of this bill incorporates amendments to
Section 25100 of the Penal Code proposed by both this bill and Senate
Bill 363. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2) each
bill amends Section 25100 of the Penal Code, and (3) this bill is
enacted after Senate Bill 363, in which case Section 1 of this bill
shall not become operative.
SEC. 5. Section 3.5 of this bill incorporates
amendments to Section 26835 of the Penal Code proposed by both this
bill and Senate Bill 299. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 26835 of the Penal Code, and (3) this
bill is enacted after Senate Bill 299, in which case Section 3 of
this bill shall not become operative.
SEC. 5. SEC. 6. 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.
