Bill Text: CA SB53 | 2023-2024 | Regular Session | Amended
Bill Title: Firearms: storage.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Engrossed) 2024-06-11 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 11). Re-referred to Com. on APPR. [SB53 Detail]
Download: California-2023-SB53-Amended.html
Amended
IN
Assembly
May 28, 2024 |
Amended
IN
Senate
January 03, 2024 |
Introduced by Senator Portantino (Principal coauthors: Assembly Members Cervantes and Gipson) (Coauthors: Senators Blakespear, Gonzalez, Limón, Min, Rubio, Skinner, Wahab, and Wiener) (Coauthors: Assembly Members Berman, Mike Fong, Low, McKinnor, Pellerin, Petrie-Norris, Quirk-Silva, Schiavo, and Zbur) |
December 05, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 16520 of the Penal Code is amended to read:16520.
(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.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 stored in compliance with Section 25145.
(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 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.
(e)The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(a)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 therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence any firearm that they own unless one of the following applies:
(1)The firearm is stored in compliance with Section 25145.
(2)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.
(b)A violation of this section is a misdemeanor.
(c)The provisions of this section are cumulative, and do not restrict the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.
SEC. 2.
Section 16860 of the Penal Code is amended to read:16860.
(a) As used in Sections 16850, 25105, and 25205, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied to the firearm, renders the firearm inoperable.SEC. 3.
Section 16860 is added to the Penal Code, to read:16860.
(a) As used in Section 16850, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied to the firearm, renders the firearm inoperable.SEC. 4.
Section 17060 of the Penal Code is amended to read:17060.
(a) As used in Section 25135, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.SEC. 5.
Section 17060 is added to the Penal Code, to read:17060.
(a) As used in Sections 25105, 25135, 25145, and 25205, “authorized user” means an individual who meets both of the following requirements:SEC. 6.
Section 23635 of the Penal Code is amended to read:23635.
(a) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in thisSEC. 7.
Section 23635 is added to the Penal Code, to read:23635.
(a) A firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state shall include or be accompanied by a lock box or safe that is listed on the Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.SEC. 8.
Section 25105 of the Penal Code is amended to read:25105.
Section 25100 does not apply whenever any of the following occurs:SEC. 9.
Section 25105 is added to the Penal Code, to read:25105.
Section 25100 does not apply whenever any of the following occurs:SEC. 10.
Section 25135 of the Penal Code is amended to read:25135.
(a) 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 therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence any firearm thatSEC. 11.
Section 25135 is added to the Penal Code, to read:25135.
(a) 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 therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence a firearm that they own or for which they are an authorized user unless one of the following applies:SEC. 4.SEC. 12.
Section 25145 is added to the Penal Code, to read:(a)Beginning on July 1, 2025, except when carried by or under the control of the owner or other lawfully authorized user, a person shall not keep or store a firearm in any residence owned or controlled by that person, unless the firearm meets both of the following conditions:
(1)It is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearms safety devices.
(2)It is properly engaged so as to render that firearm inaccessible by any person other than the owner or other lawfully authorized user.
25145.
(a) Beginning on January 1, 2026, except when carried by the owner or other lawfully authorized user or within close enough proximity to that person that they can readily retrieve and use the firearm as if carried on their person, the owner or other lawfully authorized user of that firearm shall not keep or store that firearm in any residence owned or controlled by that person, unless the firearm is securely stored, as defined in Section 17060.
Section 25200 does not apply if any of the following are true:
(a)The child obtains the firearm as a result of an illegal entry into any premises by any person.
(b)The firearm is stored in compliance with Section 25145.
(c)The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(d)The person is a peace officer or a member of the Armed Forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.
(e)The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
SEC. 13.
Section 25205 of the Penal Code is amended to read:25205.
Section 25200 does not apply if any of the following are true:SEC. 14.
Section 25205 is added to the Penal Code, to read:25205.
Section 25200 does not apply if any of the following are true:SEC. 15.
Section 26835 of the Penal Code is amended to read:26835.
(a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:(c)This section shall become operative on January 1, 2024.