Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends firearms storage regulations.

Highlights:

• Defines “firearm” as 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 another form of combustion (Sec. 1).

• Defines “ammunition” as 1 or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles, and specifies that ammunition does not include blanks (Sec. 1).

• Defines “deadly weapon” as any weapon, the possession of concealed carrying of which is prohibited, including handguns (Sec. 1).

• Defines “facility” as a residential care facility for persons with chronic life-threatening illnesses licensed by the state Department of Social Services, Community Care Licensing Division (Sec. 1).

• Authorizes the temporary transfer of a firearm without a firearms dealer’s participation from a person who is 18 years old or older for safekeeping in order to prevent it from being used to attempt suicide (Sec. 11).

• Amends the crime of criminal storage of a firearm to be applicable to unloaded firearms as well as loaded firearms and punishable by a 10-year prohibition on owning firearms (Sec. 1).

• Prohibits an individual from storing their firearm in their legal residence if that individual knows that a child resides in the residence or another individual residing in the residence is prohibited from possessing a firearm (Sec. 4).

• Requires a licensee that permits residents to possess firearms on the facility premises to do all of the following (Sec. 4):

• Accept and store a resident’s firearm, ammunition, or both;

• Retain and store a licensee’s firearm, ammunition, or both; 

• Store the firearms or ammunition of the residents and licensees in a central location in the facility in the following ways; and

• Firearms are to be centrally stored unloaded, in a locked gun safe; and

• Ammunition is to be centrally stored separately in a locked location different from firearms.

• Specifies that this act will not require a facility to accept, store, or retain firearms or ammunition (Sec. 1).

• Specifies that an individual shall be guilty of criminal storage of a firearm in the first degree if all of the following occurs (Sec. 6):

• The person keeps any firearm within any premises that are under the person’s custody or control;

• The person knows or reasonably knows that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian;

• The person knows or reasonably knows that a person prohibited from possessing a firearm or deadly weapon is likely to gain access;

• The child obtains access to the firearm and thereby causes death or great bodily injury to the child or any other individual; or 

• The person prohibited from owning a firearm obtains access to the firearm and thereby causes death, or great bodily injury to the person or any other individual.

• Specifies that an individual shall be guilty of criminal storage of firearm in the second degree if all of the following occurs (Sec. 6):

• The person keeps any firearm within any premises that are under the person’s custody or control;

• The person knows or reasonably knows that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian;

• The person knows or reasonably knows that a person prohibited from possessing a firearm or deadly weapon is likely to gain access;

• The child obtains access to the firearm and thereby causes injury other than great bodily injury to the child or any other individual; or 

• The person prohibited from owning a firearm obtains access to the firearm and thereby causes injury, other than great bodily injury to the person or any other individual.

• Specifies that an individual shall be guilty of criminal storage of firearm in the third degree if the person keeps any firearm within any premises that is under the person’s custody or control and negligently stores or leaves a firearm in a location where the person knows or reasonably believes that a child is likely to gain access to the firearm without parent or legal guardian approval unless reasonable action is taken (Sec. 6).

• Exempts the following conditions and circumstances from the above-mentioned provisions, including (Sec. 7):

• Instances where the child obtains a firearm as a result of illegal entry to any premises by any person;

• Times where the firearm is kept in a locked container or in a location that a reasonable person would believe to be secure;

• When the firearm is carried on the person or within close enough proximity that the individual can readily retrieve and use the firearm;

• Examples where the firearm is locked with a locking device which renders the firearm inoperable; or

• When the person is a peace officer or member of the Armed Forces or National Guard and the child obtains the firearm during the performance of their duties.

• Establishes that if found guilty of criminal storage of a firearm, an individual will be fined by either imprisonment in a county jail not to exceed 1 year or a fine not to exceed $1,000, or both depending on the circumstances (Sec. 8).

• Requires a licensee to conspicuously post within their premises warnings in block letters not less than 1 inch in height stating that firearms need to be stored responsibly (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends firearms storage regulations.

Highlights:

• Defines “firearm” as 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 (Sec. 1).

• Defines “ammunition” as 1 or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles, and specifies that ammunition does not include blanks (Sec. 1).

• Defines “deadly weapon” as any weapon, the possession of concealed carrying of which is prohibited, including handguns (Sec. 1).

• Defines “facility” as a residential care facility for the elderly licensed by the State Department of Social Services, Community Care Licensing Division (Sec. 1).

• Authorizes the temporary transfer of a firearm without a firearms dealer’s participation from a person who is 18 years old or older for safekeeping in order to prevent it from being used to attempt suicide (Sec. 1).

• Amends the crime of criminal storage of a firearm to be applicable to unloaded firearms as well as loaded firearms and punishable by a 10 year prohibition on owning firearms (Sec. 1).

• Prohibits an individual from storing their firearm in their legal residence if that individual knows that a child resides in the residence or another individual residing in the residence is prohibited from possessing a firearm (Sec. 1).

• Requires the State Department of Social Services to administer the following regulations that prescribes the procedures for a facility that allows residents to possess firearms on its premises to carry out the following (Sec. 1):

• Accept and store a resident’s firearm or ammunition;

• Retain and store a licensee’s firearm or ammunition; 

• Store the firearms or ammunition of the residents and licensees in a central location in the facility in the following ways:

• Unloaded, separate from ammunition, in a durable, solid steel-constructed, locked gun safe; and

• The locking mechanism for the gun safe is either electronic or biometric, tethered to a fixed object by steel cable, or securely mounted to the floor or wall; and

• Complete and process an individual weapons inventory for each firearm and ammunition in the centrally stored gun safe.

• Requires the weapons inventory to include two parts (Sec. 1):

• Part I will document the enrollment of firearms and ammunition; and

• Part II will document the removal of firearms and ammunition from the facility.

• Specifies that Part I of the weapons inventory includes (Sec. 1):

• The name of the resident or licensee who is the owner of the firearm or ammunition;

• Identification of firearm, including the manufacture, caliber, serial number, and model number;

• For ammunition, the quantity of each type of projectile inventoried including manufacturer and caliber;

• One or more photographs of the firearm or ammunition as necessary for identification;

• Handwritten date and signature by the authorized intake representative who conducted the weapon intake and completed the inventory document; and

• Any additional information necessary to comply with existing state law.

• Specifies that upon a resident’s death or transfer at a facility, Part II of the inventory shall document the following, including (Sec. 1):

• The date on which the firearm or ammunition was removed from the storage facility;

• The name, address, and contact information of the individual whose possession of firearm or ammunition was transferred;

• Photo identification of the person whom possession of the firearm was transferred to;

• Handwritten date and signature by the individual who took possession of the firearm or ammunition and their relationship to the resident; and

• Handwritten date and signature by the authorized intake representative who effected the transfer of the firearm.

• Specifies that this act will not require a facility to accept, store, or retain firearms or ammunition (Sec. 2).

• Specifies that an individual shall be guilty of criminal storage of firearm in the first degree if all of the following occurs (Sec. 3):

• The person keeps any firearm within any premises that are under the person’s custody or control;

• The person knows or reasonably knows that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian;

• The person knows or reasonably knows that a person prohibited from possessing a firearm or deadly weapon is likely to gain access;

• The child obtains access to the firearm and thereby causes death or great bodily injury to the child or any other individual; or 

• The person prohibited from owning a firearm obtains access to the firearm and thereby causes death, or great bodily injury to the person or any other individual.

• Specifies that an individual shall be guilty of criminal storage of firearm in the second degree if all of the following occurs (Sec. 3):

• The person keeps any firearm within any premises that are under the person’s custody or control;

• The person knows or reasonably knows that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian;

• The person knows or reasonably knows that a person prohibited from possessing a firearm or deadly weapon is likely to gain access;

• The child obtains access to the firearm and thereby causes injury other than great bodily injury to the child or any other individual; or 

• The person prohibited from owning a firearm obtains access to the firearm and thereby causes injury, other than great bodily injury to the person or any other individual.

• Specifies that an individual shall be guilty of criminal storage of firearm in the third degree if the person keeps any firearm within any premises that is under the person’s custody or control and negligently stores or leaves a firearm in a location where the person knows or reasonably believes that a child is likely to gain access to the firearm without parent or legal guardian approval unless reasonable action is taken (Sec. 3).

• Exempts the following conditions and circumstances from the above mentioned provisions, including (Sec. 4):

• Instances where the child obtains a firearm as a result of illegal entry to any premises by any person;

• Times where the firearm is kept in a locked container or in a location that a reasonable person would believe to be secure;

• When the firearm is carried on the person or within close enough proximity that the individual can readily retrieve and use the firearm;

• Examples where the firearm is locked with a locking device which renders the firearm inoperable; or

• When the person is a peace officer or member of the Armed Forces or National Guard and the child obtains the firearm during the performance of their duties.

• Establishes that if found guilty of criminal storage of a firearm, an individual will be fined by either imprisonment in a county jail not to exceed 1 year or a fine not to exceed $1,000, or both depending on the circumstances (Sec. 5).

• Requires a licensee to conspicuously post within their premises warnings in block letters not less than 1 inch in height stating that firearms need to be stored responsibly (Sec. 6).

Full Bill Text