Enrolled  August 29, 2024
Passed  IN  Senate  August 27, 2024
Passed  IN  Assembly  August 26, 2024
Amended  IN  Assembly  August 22, 2024
Amended  IN  Assembly  August 19, 2024
Amended  IN  Assembly  May 28, 2024
Amended  IN  Senate  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 53

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

An act to amend, repeal, and add Sections 17060, 25100, 25105, 25135, 25205, 27882, and 27883 of, and to add Sections 16745 and 25145 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 53, Portantino. 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 January 1, 2026, require a person who possesses a firearm in a residence to keep the firearm securely stored when the firearm is not being carried or readily controlled by the person or another lawful authorized user. For purposes of these provisions, a firearm is securely stored if the firearm is maintained within, locked by, or disabled using a certified firearm safety device or secure gun safe that meets specified standards. The bill would make a first and 2nd violation of this offense punishable as an infraction, and a 3rd or subsequent violation punishable as a misdemeanor. The bill would exempt unloaded antique firearms, as defined, or firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to seek to inform residents about these standards for storage of firearms. By creating a new crime, this bill would impose a state-mandated local program.
Existing law makes it a misdemeanor or a felony if a person keeps a firearm within any premises that are under the person’s custody or control and 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, and the child obtains access to the firearm and causes injury, other than great bodily injury, or death or great bodily injury to the child or any other person, or carries that firearm off-premises, as defined, to a public place or a school. Existing law exempts a person from the above provisions if the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
This bill would remove these exemptions.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16745 is added to the Penal Code, to read:

16745.
 As used in Sections 25105, 25135, and 25145, “authorized user” means an individual who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and who meets either of the following requirements:
(a) The individual is the lawful owner of the firearm.
(b) The individual has been lawfully authorized by the lawful owner of the firearm to access, possess, and use the firearm.

SEC. 2.

 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.
(b) As used in Sections 27881, 27882, and 27883, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles or other vehicles where human habitation occurs.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 17060 is added to the Penal Code, to read:

17060.
 (a) (1) As used in Sections 25135 and 25145, “residence” means a 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.
(2) As used in Sections 27881, 27882, and 27883, “residence” means a structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles or other vehicles where human habitation occurs.
(b) This section shall become operative on January 1, 2026.

SEC. 4.

 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 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 themselves 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 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 themselves 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 firearm within any premises that are under the person’s custody or control and negligently stores or leaves a 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.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 5.

 Section 25100 is added to the Penal Code, 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 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 themselves 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 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 themselves 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 firearm within any premises that are under the person’s custody or control and negligently stores or leaves a 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.
(d) This section shall become operative on January 1, 2026.

SEC. 6.

 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.
(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 United States 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 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.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 7.

 Section 25105 is added to the Penal Code, 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 securely stored, as defined in Section 25145.
(c) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145.
(d) The person is a peace officer or a member of the United States 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.
(f) This section shall become operative on January 1, 2026.

SEC. 8.

 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 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.
(6) 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.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 9.

 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 unless one of the following applies:
(1) The firearm is securely stored, as defined in Section 25145.
(2) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145.
(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.
(d) This section shall become operative on January 1, 2026.

SEC. 10.

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

25145.
 (a) Beginning on January 1, 2026, a person shall ensure that any firearm the person possesses in a residence is securely stored whenever the firearm is not being carried or readily controlled by the person or another lawful authorized user.
(b) A firearm is “securely stored” if it is maintained within, locked by, or disabled using a certified firearm safety device or a secure gun safe.
(c) For purposes of this section and Sections 25105, 25135, 25205, 27882, and 27883, the following terms have the following meanings:
(1) “Authorized user” has the same meaning as provided in Section 16745.
(2) “Certified firearm safety device” means any firearm safety device or gun safe that is listed on the Department of Justice’s roster of tested and approved firearm safety devices certified for sale pursuant to Section 23655.
(3) “Readily controlled” by a person or another lawful authorized user means either of the following:
(A) The person or other lawful authorized user is carrying the firearm on their person.
(B) The person or other lawful authorized user is within close enough proximity to the firearm to readily prevent unauthorized users from gaining access to the firearm.
(4) “Secure gun safe” means a gun safe that meets the standards for gun safes adopted pursuant to Section 23650.
(d) (1) Except as provided in paragraph (2), a violation of this section is punishable by a fine of up to two hundred fifty dollars ($250) for a first violation and up to five hundred dollars ($500) for a second violation. A third and any subsequent violation is a misdemeanor.
(2) A person shall not be penalized for violating this section if they secure their firearm using a firearm safety device or gun safe that they reasonably believed to meet the requirements of this section, including a firearm safety device that was certified at the time the individual purchased the device or a safe that met the standards for gun safes adopted pursuant to Section 23650 at the time the individual purchased the safe.
(e) 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.
(f) The Department of Justice shall seek to inform residents about the standards of storage of firearms as outlined in this section.
(g) This section does not apply to unloaded antique firearms, as defined in Section 921(a)(16) of Title 18 of the United States Code, or firearms that are permanently inoperable.

SEC. 11.

 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.
(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) The person is a peace officer or a member of the United States Armed Forces or 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 firearm has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 12.

 Section 25205 is added to the Penal Code, 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 securely stored, as defined in Section 25145.
(c) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145.
(d) The person is a peace officer or a member of the United States 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.
(f) This section shall become operative on January 1, 2026.

SEC. 13.

 Section 27882 of the Penal Code is amended to read:

27882.
 (a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and secured in the transferee’s residence in one of the following ways:
(A) Secured in a locked container.
(B) Disabled by a firearm safety device.
(C) Secured within a locked gun safe.
(D) Locked with a locking device as described in Section 16860 that has rendered the firearm inoperable.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 14.

 Section 27882 is added to the Penal Code, to read:

27882.
 (a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and securely stored, as defined in Section 25145, in the transferee’s residence.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(4) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
(c) This section shall become operative on January 1, 2026.

SEC. 15.

 Section 27883 of the Penal Code is amended to read:

27883.
 Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met:
(a) The firearm being loaned is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) 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 locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 16.

 Section 27883 is added to the Penal Code, to read:

27883.
 Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met:
(a) The firearm being loaned is lawfully owned by the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) The firearm is unloaded and securely stored, as defined in Section 25145.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
(k) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
(l) This section shall become operative on January 1, 2026.

SEC. 17.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 18.

 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.