Bill Text: CA SB869 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Firearms: securing handguns in vehicles.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-26 - Chaptered by Secretary of State. Chapter 651, Statutes of 2016. [SB869 Detail]

Download: California-2015-SB869-Amended.html

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BILL NUMBER: SB 869	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 18, 2016
	AMENDED IN ASSEMBLY  MAY 3, 2016
	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Hill

                        JANUARY 12, 2016

   An act to  amend Section 25645 of, and to  add Section
25452  to   to,  the Penal Code, relating
to firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 869, as amended, Hill. Firearms: securing handguns in vehicles.

   Existing law prohibits 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 there is prohibited by state or
federal law from possessing, receiving, owning, or purchasing a
firearm from keeping a firearm in that residence, unless the firearm
is secured, as specified. A violation of this prohibition is a
misdemeanor.
   This bill would require a person, when leaving a handgun in an
unattended vehicle, to secure the handgun by locking it in the trunk
of the vehicle or locking it in a locked container and placing the
container out of plain view. The bill would make a violation of these
requirements an infraction punishable by a fine not exceeding
$1,000.  The bill would expressly make those requirements
inapplicable to the transportation of unloaded firearms by a licensed
common carrier   in conformance with applica   ble
federal law. 
   By creating a new 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25452 is added to the Penal Code, to read:
   25452.  (a)  Except as provided in Section 25645, a
  A  person shall, when leaving a handgun in an
unattended vehicle, lock the handgun in the vehicle's trunk or lock
the handgun in a locked container and place the container out of
plain view.
   (b) A violation of subdivision (a) is an infraction punishable by
a fine not exceeding one thousand dollars ($1,000).
   (c) (1) As used in this section, "vehicle" has the same meaning as
specified in Section 670 of the Vehicle Code.
   (2) As used in this section, "locked container" has the same
meaning as specified in Section 16850.
   (3) 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.
   (d) 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.
   SEC. 2.    Section 25645 of the   Penal Code
  is amended to read: 
   25645.   Section 25400 does   Sections 25400
and 25452 do    not apply to, or affect, the
transportation of unloaded firearms by a person operating a licensed
common carrier or an authorized agent or employee thereof when the
firearms are transported in conformance with applicable federal law.
   SEC. 2.   SEC. 3.   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.