BILL NUMBER: SB 363 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
FEBRUARY 20, 2013
An act to add Chapter 4 (commencing with Section 25240)
to Division 4 of Title 4 of Part 6 amend Section 25100
of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 363, as amended, Wright. Firearms: storage: prohibited
persons. criminal storage.
Existing law provides that specified classes of persons are
prohibited from owning or possessing firearms. Existing law
establishes the offense of criminal storage of a firearm, where a
person stores a loaded firearm in the person's premises and knows or
should know that a child is likely to gain access to the firearm, a
child gains access to the firearm, and causes death, great bodily
injury, or injury to the child or another person, as specified.
This bill would require every person who owns or possesses any
firearms and resides with an individual who he or she knows, or has
reason to know, is prohibited from owning or possessing a firearm, as
specified, to secure the firearms within a locked container, or with
a locking device, or within a gun safe, as specified, and to store
the firearms so that the individual may not gain access to the
firearms. The bill would provide that a violation of these provisions
is a misdemeanor punishable by imprisonment in a county jail not
exceeding one year, or a fine not exceeding $1,000, or by both that
fine and imprisonment.
Existing law, subject to exceptions, provides that the offense of
criminal storage of a firearm is committed when a person who keeps
any loaded firearm within any premises that are under the person's
custody or control 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, and the child obtains access to the
firearm and thereby causes death or injury to the child or any other
person, as specified, or carries the firearm to a public place, or
unlawfully displays or uses the firearm, as specified.
This bill would expand these provisions to include the
circumstance of when the person who keeps the firearm knows or
reasonably should know that a person prohibited from owning or
possessing a firearm or deadly weapon, as specified, is likely to
gain access to the firearm, and that person gains access to the
firearm and thereby causes death or injury to himself or herself or
any other person, as specified, or carries the firearm to a public
place, or unlawfully displays or uses the firearm, as specified.
By creating a new expanding the scope of
an existing 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:
SECTION 1. Chapter 4 (commencing with Section
25240) is added to Division 4 of Title 4 of Part 6 of the Penal Code,
to read:
CHAPTER 4. FIREARM STORAGE AND PROHIBITED PERSONS
25240. (a) Every person who owns or possesses any firearms and
resides with an individual who he or she knows, or has reason to
know, is prohibited from owning or possessing a firearm pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code shall
secure the firearms within a locked container as described in Section
16850, or with a locking device as described in Section 16860, or
within a gun safe as described in Section 16870, and store the
firearms so that the individual may not gain access to the firearms.
(b) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail not exceeding one year, or a fine not
exceeding $1,000, or by both that fine and imprisonment.
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 of 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 Section 8100
or 8103 of the Welfare and Institutions Code 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 Section 8100 or 8103 of the Welfare and Institutions Code
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 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 , or that a person prohibited
from possessing a firearm or deadly weapon pursuant to Section 8100
or 8103 of the Welfare and Institutions Code 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 Section 8100 or
8103 of the Welfare and Institutions Code 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
.
SEC. 2. 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.