Bill Text: CA SB497 | 2017-2018 | Regular Session | Chaptered
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-14 - Chaptered by Secretary of State. Chapter 809, Statutes of 2017. [SB497 Detail]
Download: California-2017-SB497-Chaptered.html
Senate Bill No. 497 |
CHAPTER 809 |
An act to amend Section 25140 of the Penal Code, relating to firearms.
[
Approved by
Governor
October 14, 2017.
Filed with
Secretary of State
October 14, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 497, Portantino.
Firearms.
Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.
This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms “trunk” and “plain view” for purposes of these provisions.
By changing the definition of an existing 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25140 of the Penal Code is amended to read:25140.
(a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view.(b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun out of plain view within the center utility console of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.
(c) A violation of subdivision
(a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(d) (1) As used in this section, the following definitions shall apply:
(A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.
(B) “Peace officer” means a sworn officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties, while that officer is on duty or off duty.
(C) “Trunk” means the fully enclosed and
locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.
(D) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code.
(2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted,
with or without illumination.
(e) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties.
(f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.