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.
Statutes affected: SB53: 17060 PEN, 25100 PEN, 25105 PEN, 25135 PEN, 25205 PEN, 27882 PEN, 27883 PEN
12/05/22 - Introduced: 17053.98 RTC, 23698 RTC
01/03/24 - Amended Senate: 16520 PEN, 16520 PEN, 25105 PEN, 25105 PEN, 25135 PEN, 25135 PEN, 25205 PEN, 25205 PEN, 29805 PEN, 29805 PEN
05/28/24 - Amended Assembly: 16520 PEN, 25105 PEN, 25135 PEN, 16860 PEN, 16860 PEN, 17060 PEN, 17060 PEN, 23635 PEN, 23635 PEN, 25105 PEN, 25105 PEN, 25135 PEN, 25135 PEN, 25205 PEN, 25205 PEN, 25205 PEN, 26835 PEN, 26835 PEN, 27882 PEN, 27882 PEN, 27883 PEN, 27883 PEN, 29805 PEN
08/19/24 - Amended Assembly: 16520 PEN, 16860 PEN, 17060 PEN, 23635 PEN, 25100 PEN, 25100 PEN, 25105 PEN, 25135 PEN, 25205 PEN, 26835 PEN, 27882 PEN, 27883 PEN, 29805 PEN
08/22/24 - Amended Assembly: 17060 PEN, 25100 PEN, 25105 PEN, 25135 PEN, 25205 PEN, 27882 PEN, 27883 PEN
08/29/24 - Enrolled: 17060 PEN, 25100 PEN, 25105 PEN, 25135 PEN, 25205 PEN, 27882 PEN, 27883 PEN
09/24/24 - Chaptered: 17060 PEN, 25100 PEN, 25105 PEN, 25135 PEN, 25205 PEN, 27882 PEN, 27883 PEN
SB 53: 17053.98 RTC, 23698 RTC