Amended  IN  Senate  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 53

Introduced by Senator Portantino
(Coauthor: Senator Stern)

December 05, 2022

An act to amend Sections 17053.98 and 23698 of the Revenue and Taxation Code, relating to taxation. 16520, 25105, 25135, 25205, and 29805 of, and to add Section 25145 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 53, as amended, Portantino. Income taxes: tax credits: motion picture credit. Firearms: storage.
Existing law generally regulates the possession of firearms, including imposing storage requirements to prevent children from gaining access to firearms.
This bill would, beginning on July 1, 2025, prohibit a person from keeping or storing a firearm in a residence owned or controlled by that person unless the firearm is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearms safety devices and is properly engaged so as to render it inaccessible by any person other than the owner, as specified. The bill would make a first violation of this offense punishable as an infraction, and a second or subsequent violation punishable as a misdemeanor. The bill would exempt firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to promptly engage in a public awareness and education campaign to inform residents about these standards for storage of firearms. The bill would additionally prohibit a person convicted under these provisions from owning, purchasing, receiving, or possessing a firearm within one year of the conviction, as specified. The bill would make a violation of this provision punishable as a misdemeanor or felony. 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 Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a motion picture credit for taxable years beginning on or after January 1, 2020, to be allocated by the California Film Commission on or after July 1, 2020, and before July 1, 2025, in an amount equal to 20% or 25% of qualified expenditures for the production of a qualified motion picture in this state, with additional credit amounts allowed, including for amounts equal to specified qualified expenditures and qualified wages relating to original photography outside the Los Angeles zone, as specified.

This bill would make nonsubstantive changes to the motion picture credit.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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.
(b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:
(1) Section 136.2.
(2) Section 646.91.
(3) Sections 16515 and 16517.
(4) Section 16550.
(5) Section 16730.
(6) Section 16960.
(7) Section 16990.
(8) Section 17070.
(9) Section 17310.
(10) Sections 18100 to 18500, inclusive.
(11) Section 23690.
(12) Sections 23900 to 23925, inclusive.
(13) Commencing on July 1, 2026, Sections 25250 to 25275, inclusive.
(14) Sections 26500 to 26590, inclusive.
(15) Sections 26600 to 27140, inclusive.
(16) Sections 27200 to 28490, inclusive.
(17) Sections 29010 to 29150, inclusive.
(18) Section 29185.
(19) Sections 29610 to 29750, inclusive.
(20) Sections 29800 to 29905, inclusive.
(21) Sections 30150 to 30165, inclusive.
(22) Section 31615.
(23) Sections 31700 to 31830, inclusive.
(24) Sections 34355 to 34370, inclusive.
(25) Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure.
(26) Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code.
(27) Section 15657.03 of the Welfare and Institutions Code.
(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(1) Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Subdivision (b) of Section 23920.

(6)Section 25135.

(6) Sections 25135 and 25145.
(7) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(8) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
(9) Sections 26500 to 26588, inclusive.
(10) Sections 26700 to 26915, inclusive.
(11) Section 27510.
(12) Section 27530.
(13) Section 27540.
(14) Section 27545.
(15) Sections 27555 to 27585, inclusive.
(16) Sections 29010 to 29150, inclusive.
(17) Section 29180.
(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device.
(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon.

SEC. 2.

 Section 25105 of the Penal Code is amended to read:

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.

(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 firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.

(e)

(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.

(f)

(e) 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 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 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 that he or she owns they own unless one of the following applies:

(1)The firearm is maintained within a locked container.

(2)The firearm is disabled by a firearm safety device.

(3)The firearm is maintained within a locked gun safe.

(4)The firearm is maintained within a locked trunk.

(5)The firearm is locked with a locking device as described in Section 16860, which has rendered the firearm inoperable.

(1) The firearm is stored in compliance with Section 25145.

(6)

(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. 4.

 Section 25145 is added to the Penal Code, to read:

25145.
 (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.
(b) A first violation of this section shall result in a fine of not more than five hundred dollars ($500). A second or subsequent 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.
(d) The Department of Justice shall promptly engage in a public awareness and education campaign to inform residents about the standards of storage of firearms as outlined in this section.
(e) This section does not apply to firearms that are permanently inoperable.

SEC. 5.

 Section 25205 of the Penal Code is amended to read:

25205.
 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 kept in a locked container or in a location that a reasonable person would believe to be secure.

(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 firearm is carried on the person within close enough range that the individual can readily retrieve and use the firearm as if carried on the person.

(e)

(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.

(f)

(e) 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 firearm has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

SEC. 6.

 Section 29805 of the Penal Code is amended to read:

29805.
 (a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(e) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(f) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(g) Any person who is convicted on or after July 1, 2025, of a misdemeanor violation of Section 25145, and who, within one year of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(g)

(h) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

SEC. 7.

 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.