Bill Text: CA SB172 | 2019-2020 | Regular Session | Amended
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 840, Statutes of 2019. [SB172 Detail]
Download: California-2019-SB172-Amended.html
Amended
IN
Senate
March 25, 2019 |
Senate Bill | No. 172 |
Introduced by Senator Portantino (Principal coauthors: Assembly Members Bonta and Gabriel) (Coauthor: Senator Wiener) |
January 28, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would prohibit a person who is 18 years of age or older and who is the owner, lessee, renter, or other legal occupant of a residence, while outside of that residence, from keeping in that residence a handgun that the person owns or a firearm that has been loaned to the person unless it is stored in one of certain specified ways, including in a gun safe or by using a firearm safety device. The bill would exempt an unloaded antique firearm from these provisions. A violation of these provisions would be an offense punishable as an infraction, or for
subsequent violations, as an infraction or misdemeanor, as specified. The bill would authorize the loan of a firearm without a firearms dealer’s participation if the loan occurs at the lender’s real property, or residence, as defined, the firearm remains on the real property, and if other conditions are met. By creating a crime, this bill would impose a state-mandated local program.
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(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:
(1)Section 16550.
(2)Section 16730.
(3)Section 16960.
(4)Section 16990.
(5)Section 17070.
(6)Section 17310.
(7)Sections 26500 to 26588, inclusive.
(8)Sections 26600 to 27140, inclusive.
(9)Sections 27400 to 28000, inclusive.
(10)Section 28100.
(11)Sections 28400 to 28415, inclusive.
(12)Sections 29010 to 29150, inclusive.
(13)Section 29180.
(14)Sections 29610 to 29750, inclusive.
(15)Sections 29800 to 29905, inclusive.
(16)Sections 30150 to 30165, inclusive.
(17)Section 31615.
(18)Sections 31705 to 31830, inclusive.
(19)Sections 34355 to 34370, inclusive.
(20)Sections 8100, 8101, and 8103 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)Subdivisions (a) and (c) of Section 16730.
(2)Section 16550.
(3)Section 16960.
(4)Section 17310.
(5)Section 25135.
(6)Section 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 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.
SECTION 1.
Article 2.7 (commencing with Section 1569.280) is added to Chapter 3.2 of Division 2 of the Health and Safety Code, to read:Article 2.7. Firearms, Ammunition, and Deadly Weapons
1569.280.
This article shall be known, and may be cited, as the “Keep Our Seniors Safe Act.”1569.281.
As used in this article, the following terms have the following meanings.1569.282.
The department shall promulgate regulations that prescribe the procedures for a facility to do all of the following:1569.283.
(a) The facility shall prepare an individual weapons inventory for each firearm and type of ammunition that is secured in the centrally-stored gun safe described in Section 1569.282.1569.284.
(a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.280, of a resident or licensee.1569.285.
The acceptance or storage of a resident’s firearm by a facility in accordance with this article, or the retention and storage of a licensee’s firearm, shall not constitute a loan, sale, receipt, or transfer of a firearm within the meaning of Sections 26500, 27545, or subdivision (a) of Section 31615 of the Penal Code.1569.286.
(a) The facility shall annually certify to the department the aggregate number of firearms and ammunition centrally stored in the facility’s secure gun safe, as described in Section 1569.282, supported by and itemized in the individual weapons inventories maintained by the facility.1569.287.
The department shall annually verify and disclose the verifications stated in subdivision (a) in a public document to be posted on the department’s “Transparency Website” for each facility:1569.288.
This article does not require a facility to accept, store, or retain firearms or ammunition.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 Section 25145, “residence” is the lawfully possessed dwelling unit in any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and
recreational and other vehicles where human habitation occurs. For purposes of Section 25145, “outside of that residence” means any distance beyond the boundary lines of the real property on which the structure is located, except in the case of recreational and other vehicles where human habitation occurs.
SEC. 3.
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:SEC. 4.
Section 25105 of the Penal Code is amended to read:25105.
Section 25100 does not apply whenever any of the following occurs:(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, shall not, while outside of that residence, store in that residence a handgun that the person owns, unless it is stored in one of the following ways:
(1)The handgun is stored within a locked container.
(2)The handgun is disabled by a firearm safety device.
(3)The handgun is stored within a locked gun safe.
(4)The handgun is locked with a locking device as described in
Section 16860, which has rendered the handgun inoperable.
(b)A person who is 18 years of age or older and who is the owner, lessee, renter, or other legal occupant of a residence, shall not, while outside of that residence, store in that residence a firearm that was lent to the person pursuant to an exemption from Section 27545 unless the firearm is stored in one of the following ways:
(1)The firearm is stored within a locked container.
(2)The firearm is disabled by a firearm safety device.
(3)The firearm is stored within a locked gun safe.
(4)The firearm is locked with a locking device as described in Section
16860, which has rendered the firearm inoperable.
(c)Subdivision (a) does not apply if a firearm is loaned to a person in accordance with an exemption from Section 27545.
(d)A violation of this section is punishable as follows:
(1)For a first violation, as an infraction, punishable by a fine not exceeding one hundred dollars ($100).
(2)For a second violation, as an infraction, punishable by a fine not exceeding one thousand dollars ($1,000).
(3)For a third or subsequent violation, as a misdemeanor.
(e)The prohibitions 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)This section does not supersede
any valid ordinance that regulates the storage of firearms in residences if the ordinance was in effect prior to January 1, 2020.
SEC. 6.SEC. 5.
Section 25200 of the Penal Code is amended to read:25200.
(a) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine:SEC. 6.
Section 26835 of the Penal Code is amended to read:26835.
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(b)This section shall become operative on January 1, 2019.
SEC. 7.
Section 27881 is added to the Penal Code, to read:27881.
Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:SEC. 8.
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:SEC. 9.
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:SEC. 8.SEC. 10.
Section 29805 of the Penal Code is amended to read:29805.
(a) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of, or has an outstanding warrant for, 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 490.2 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, or if the individual has an outstanding warrant, 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.SEC. 11.
Section 31700 of the Penal Code is amended to read:31700.
(a) The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:(d)This section shall become operative on January 1, 2015.