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  AUGUST 11, 2016
	AMENDED IN ASSEMBLY  MAY 18, 2016
	AMENDED IN ASSEMBLY  MAY 3, 2016
	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Hill
    (   Principal coauthor:   Assembly Member
  Chiu   ) 

                        JANUARY 12, 2016

   An act to amend Section 25645 of, and to add Section 
25452   25140, 25452, and 25612  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   vehicle,  locking it
in a locked container and placing the container out of plain 
view.   view, or locking the handgun in a locked
container that is permanently affixed to the vehicle's interior 
 and not in 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 applicable federal law.  The bill
would also provide that these provisions do not supersede any local
ordinance that regulates the storage of handguns in unattended
vehicles if the ordinance was in effect before the date of enactment
of this bill. 
   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   25140  is
added to the Penal Code, to read:
    25452.   25140.   (a) A person shall,
when leaving a handgun in an unattended vehicle, lock the handgun in
the vehicle's  trunk or   trunk,  lock the
handgun in a locked container and place the container out of plain
 view.   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 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. 
   (e) This section does not supersede any local ordinance that
regulates the storage of handguns in unattended vehicles if the
ordinance was in effect before the date of enactment of the act that
added this section. 
   SEC. 2.    Section 25452 is added to the  
Penal Code   , to read:  
   25452.  A peace officer and an honorably retired peace officer
shall, when leaving a handgun in an unattended vehicle, secure the
handgun in the vehicle pursuant to Section 25140. 
   SEC. 3.    Section 25612 is added to the  
Penal Code   , to read:  
   25612.  A person shall, when leaving a handgun in an unattended
vehicle, secure the handgun in the vehicle pursuant to Section 25140.

   SEC. 2.   SEC. 4.   Section 25645 of the
Penal Code is amended to read:
   25645.  Sections  25400 and 25452   25140 and
25400  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. 3.   SEC. 5.   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.