Amended  IN  Assembly  May 28, 2024
Amended  IN  Senate  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 53

Introduced by Senator Portantino
(Principal coauthors: Assembly Members Cervantes and Gipson)
(Coauthors: Senators Blakespear, Gonzalez, Limón, Min, Rubio, Skinner, Wahab, and Wiener)
(Coauthors: Assembly Members Berman, Mike Fong, Low, McKinnor, Pellerin, Petrie-Norris, Quirk-Silva, Schiavo, and Zbur)

December 05, 2022

An act to amend Sections 16520, 25105, 25135, 25205, and 29805 of, 16520 and 29805 of, to amend, repeal, and add Sections 16860, 17060, 23635, 25105, 25135, 25205, 26835, 27882, and 27883 of, and to add Section 25145 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 53, as amended, Portantino. Firearms: storage.
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 July 1, 2025, January 1, 2026, prohibit a person the owner or other lawfully authorized user of a firearm from keeping or storing a firearm in a residence owned or controlled by that person unless the firearm is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearms firearm safety devices and is properly engaged so as to render it inaccessible that the firearm cannot be accessed by any person other than the owner, as specified. The bill would make a first violation of this offense punishable as an infraction, and a second or subsequent violation punishable as a misdemeanor. The bill would exempt firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to promptly engage in a public awareness and education campaign to inform residents about these standards for storage of firearms. The bill would additionally prohibit a person convicted under these provisions from owning, purchasing, receiving, or possessing a firearm within one year of the conviction, as specified. The bill would make a violation of this provision punishable as a misdemeanor or felony. By creating a new crime, this bill would impose a state-mandated local program.
Existing law requires a firearm that is sold or transferred by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, to include or be accompanied by a firearm safety device, as specified.
This bill would instead require, beginning on January 1, 2026, the firearm to include or be accompanied by a lock box or safe, except as specified.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16520 of the Penal Code is amended to read:

16520.
 (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, including both a completed frame or receiver, or a firearm precursor part:
(1) Section 136.2.
(2) Section 646.91.
(3) Sections 16515 and 16517.
(4) Section 16550.
(5) Section 16730.
(6) Section 16960.
(7) Section 16990.
(8) Section 17070.
(9) Section 17310.
(10) Sections 18100 to 18500, inclusive.
(11) Section 23690.
(12) Sections 23900 to 23925, inclusive.
(13) Commencing on July 1, 2026, Sections 25250 to 25275, inclusive.
(14) Sections 26500 to 26590, inclusive.
(15) Sections 26600 to 27140, inclusive.
(16) Sections 27200 to 28490, inclusive.
(17) Sections 29010 to 29150, inclusive.
(18) Section 29185.
(19) Sections 29610 to 29750, inclusive.
(20) Sections 29800 to 29905, inclusive.
(21) Sections 30150 to 30165, inclusive.
(22) Section 31615.
(23) Sections 31700 to 31830, inclusive.
(24) Sections 34355 to 34370, inclusive.
(25) Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure.
(26) Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code.
(27) Section 15657.03 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) Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Subdivision (b) of Section 23920.
(6) Sections 25135 and 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 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon.

SEC. 2.Section 25105 of the Penal Code is amended to read:
25105.

Section 25100 does not apply whenever any of the following occurs:

(a)The child obtains the firearm as a result of an illegal entry to any premises by any person.

(b)The firearm is stored in compliance with Section 25145.

(c)The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.

(d)The person is a peace officer or a member of the Armed Forces or the National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.

(e)The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.

SEC. 3.Section 25135 of the Penal Code is amended to read:
25135.

(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, who owns a firearm and who knows or has reason to know that another person also residing therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence any firearm that they own unless one of the following applies:

(1)The firearm is stored in compliance with Section 25145.

(2)The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.

(b)A violation of this section is a misdemeanor.

(c)The provisions 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.

SEC. 2.

 Section 16860 of the Penal Code is amended to read:

16860.
 (a) As used in Sections 16850, 25105, and 25205, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied to the firearm, renders the firearm inoperable.
(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 16860 is added to the Penal Code, to read:

16860.
 (a) As used in Section 16850, “locking device” means a device that is designed to prevent a firearm from functioning and, when applied to the firearm, renders the firearm inoperable.
(b) This section shall become operative on January 1, 2026.

SEC. 4.

 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 Sections 27881, 27882, and 27883, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles or other vehicles where human habitation occurs.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 5.

 Section 17060 is added to the Penal Code, to read:

17060.
 (a) As used in Sections 25105, 25135, 25145, and 25205, “authorized user” means an individual who meets both of the following requirements:
(1) The individual is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) The individual meets one of the following requirements:
(A) The individual is allowed to possess a firearm pursuant to an exemption outlined in Section 27545, 29615, or another provision of law.
(B) The individual is the owner of the firearm.
(b) (1) As used in Section 25135, “residence” means a 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.
(2) As used in Sections 27881, 27882, and 27883, “residence” means a structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles or other vehicles where human habitation occurs.
(c) As used in Sections 25105, 25135, 25145, 25205, 27882, and 27883, a firearm is “securely stored” only if both of following conditions apply to that firearm:
(1) The firearm is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearm safety devices.
(2) The approved firearm safety device is properly engaged so that the firearm cannot be accessed by any person other than the owner or other lawfully authorized user.
(d) This section shall become operative on January 1, 2026.

SEC. 6.

 Section 23635 of the Penal Code is amended to read:

23635.
 (a) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, state shall include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.
(b) The sale or transfer of a firearm shall be exempt from subdivision (a) if both of the following apply:
(1) The purchaser or transferee owns a gun safe that meets the standards set forth in Section 23650. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the Department of Justice roster.
(2) The purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealer’s record of sales of firearms.
(c) The sale or transfer of a firearm shall be exempt from subdivision (a) if all of the following apply:
(1) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm.
(2) The purchaser or transferee presents the approved safety device to the firearms dealer when picking up the firearm.
(3) The purchaser or transferee presents an original receipt to the firearms dealer, which shows the date of purchase, the name, and the model number of the safety device.
(4) The firearms dealer verifies that the requirements in paragraphs (1) to (3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with the dealer’s record of sales of firearms.
(d) (1) Any long-gun safe commercially sold or transferred in this state, or manufactured in this state for sale in this state, that does not meet the standards for gun safes adopted pursuant to Section 23650 shall be accompanied by the following warning:

“WARNING: This gun safe does not meet the safety standards for gun safes specified in California Penal Code Section 23650. It does not satisfy the requirements of Penal Code Section 23635, which mandates that all firearms sold in California be accompanied by a firearm safety device or proof of ownership, as required by law, of a gun safe that meets the Section 23650 minimum safety standards developed by the California Attorney General.”

(2) This warning shall be conspicuously displayed in its entirety on the principal display panel of the gun safe’s package, on any descriptive materials that accompany the gun safe, and on a label affixed to the front of the gun safe.
(3) This warning shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
(e) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, state shall be accompanied by warning language or a label as described in Section 23640.
(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 7.

 Section 23635 is added to the Penal Code, to read:

23635.
 (a) A firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state shall include or be accompanied by a lock box or safe that is listed on the Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.
(b) The sale or transfer of a firearm shall be exempt from subdivision (a) if both of the following apply:
(1) The purchaser or transferee owns a lock box or safe that is listed on the Department of Justice’s roster.
(2) The purchaser or transferee presents an original receipt for purchase of a lock box or safe that is listed on the Department of Justice’s roster, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealer’s record of sales of firearms.
(c) Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state shall be accompanied by warning language or a label as described in Section 23640.
(d) This section shall become operative on January 1, 2026.

SEC. 8.

 Section 25105 of the Penal Code is amended to read:

25105.
 Section 25100 does not apply whenever any of the following occurs:
(a) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(c) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(d) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(e) The person is a peace officer or a member of the United States Armed Forces or the National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.
(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(g) The person who keeps a firearm on premises that are under the person’s custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 9.

 Section 25105 is added to the Penal Code, to read:

25105.
 Section 25100 does not apply whenever any of the following occurs:
(a) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(b) The firearm is securely stored, as defined in Section 17060.
(c) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(d) The person is a peace officer or a member of the United States Armed Forces or the National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.
(e) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(f) This section shall become operative on January 1, 2026.

SEC. 10.

 Section 25135 of the Penal Code is amended to read:

25135.
 (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, who owns a firearm and who knows or has reason to know that another person also residing therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence any firearm that he or she owns they own unless one of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is maintained within a locked trunk.
(5) The firearm is locked with a locking device as described in Section 16860, which has rendered the firearm inoperable.
(6) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(b) A violation of this section is a misdemeanor.
(c) The provisions 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.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 11.

 Section 25135 is added to the Penal Code, to read:

25135.
 (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, who owns a firearm and who knows or has reason to know that another person also residing therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence a firearm that they own or for which they are an authorized user unless one of the following applies:
(1) The firearm is securely stored, as defined in Section 17060.
(2) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(b) A violation of this section is a misdemeanor.
(c) The provisions 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.
(d) This section shall become operative on January 1, 2026.

SEC. 4.SEC. 12.

 Section 25145 is added to the Penal Code, to read:
25145.

(a)Beginning on July 1, 2025, except when carried by or under the control of the owner or other lawfully authorized user, a person shall not keep or store a firearm in any residence owned or controlled by that person, unless the firearm meets both of the following conditions:

(1)It is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearms safety devices.

(2)It is properly engaged so as to render that firearm inaccessible by any person other than the owner or other lawfully authorized user.

25145.
 (a) Beginning on January 1, 2026, except when carried by the owner or other lawfully authorized user or within close enough proximity to that person that they can readily retrieve and use the firearm as if carried on their person, the owner or other lawfully authorized user of that firearm shall not keep or store that firearm in any residence owned or controlled by that person, unless the firearm is securely stored, as defined in Section 17060.
(b) A first violation of this section shall result in a fine of not more than five hundred dollars ($500). A second or subsequent violation of this section is a misdemeanor.
(c) The provisions 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.
(d) The Department of Justice shall promptly engage in a public awareness and education campaign to inform residents about the standards of storage of firearms as outlined in this section.
(e) This section does not apply to firearms that are permanently inoperable.

SEC. 5.Section 25205 of the Penal Code is amended to read:
25205.

Section 25200 does not apply if any of the following are true:

(a)The child obtains the firearm as a result of an illegal entry into any premises by any person.

(b)The firearm is stored in compliance with Section 25145.

(c)The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.

(d)The person is a peace officer or a member of the Armed Forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.

(e)The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.

SEC. 13.

 Section 25205 of the Penal Code is amended to read:

25205.
 Section 25200 does not apply if any of the following are true:
(a) The child obtains the firearm as a result of an illegal entry into any premises by any person.
(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(c) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(d) The firearm is carried on the person within close enough range that the individual can readily retrieve and use the firearm as if carried on the person.
(e) The person is a peace officer or a member of the United States Armed Forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.
(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(g) The person who keeps a firearm has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 14.

 Section 25205 is added to the Penal Code, to read:

25205.
 Section 25200 does not apply if any of the following are true:
(a) The child obtains the firearm as a result of an illegal entry into any premises by any person.
(b) The firearm is securely stored, as defined in Section 17060.
(c) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(d) The person is a peace officer or a member of the United States Armed Forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.
(e) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(f) This section shall become operative on January 1, 2026.

SEC. 15.

 Section 26835 of the Penal Code is amended to read:

26835.
 (a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:
(1) “FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER UNAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS, AND YOU MAY BE FINED OR IMPRISONED IF YOU FAIL TO COMPLY WITH THEM. VISIT THE WEBSITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARM LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.”
(2) “IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(3) “CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(4) “YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(5) “IF YOU NEGLIGENTLY STORE OR LEAVE A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(6) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.”
(7) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.”
(8) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.”
(9) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
(b) (1) In addition to the notice required by subdivision (a), a licensee shall post conspicuously within the licensed premises, on a contrasting background and written in block letters not less than one inch in height, an additional notice containing the following statement:

“WARNING:
IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).
ACCESS TO A FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH, AND INJURY DURING DOMESTIC VIOLENCE DISPUTES, AND THE UNINTENTIONAL DEATH AND TRAUMATIC INJURY TO CHILDREN, HOUSEHOLD MEMBERS, AND GUESTS.”

(2) The statement in paragraph (1) shall be posted on the counter of one of the main gun displays or within five feet of the cash register. In the case that posting the statement on the counter of a gun display or within five feet of the cash register is impossible, the licensed dealer shall post the statement conspicuously within the licensed premises. The statement shall not be placed on the floor or the ceiling of the premises.
(3) The word “WARNING” in paragraph (1) shall be on a separate line above the other text in the statement.
(4) The sentence “IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).” in paragraph (1) shall be on a separate line below “WARNING” and above the other text in the statement.

(c)This section shall become operative on January 1, 2024.

(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 16.

 Section 26835 is added to the Penal Code, to read:

26835.
 (a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:
(1) “FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER UNAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS, AND YOU MAY BE FINED OR IMPRISONED IF YOU FAIL TO COMPLY WITH THEM. VISIT THE WEBSITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARM LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.”
(2) “IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCK BOX OR SAFE THAT IS LISTED ON THE DEPARTMENT OF JUSTICE’S ROSTER.”
(3) “CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCK BOX OR SAFE THAT IS LISTED ON THE DEPARTMENT OF JUSTICE’S ROSTER.”
(4) “YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCK BOX OR SAFE THAT IS LISTED ON THE DEPARTMENT OF JUSTICE’S ROSTER.”
(5) “IF YOU NEGLIGENTLY STORE OR LEAVE A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCK BOX OR SAFE THAT IS LISTED ON THE DEPARTMENT OF JUSTICE’S ROSTER.”
(6) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.”
(7) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.”
(8) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.”
(9) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
(b) (1) In addition to the notice required by subdivision (a), a licensee shall post conspicuously within the licensed premises, on a contrasting background and written in block letters not less than one inch in height, an additional notice containing the following statement:

“WARNING:
IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).
ACCESS TO A FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH, AND INJURY DURING DOMESTIC VIOLENCE DISPUTES, AND UNINTENTIONAL DEATH AND TRAUMATIC INJURY TO CHILDREN, HOUSEHOLD MEMBERS, AND GUESTS.”

(2) The statement in paragraph (1) shall be posted on the counter of one of the main gun displays or within five feet of the cash register. In the case that posting the statement on the counter of a gun display or within five feet of the cash register is impossible, the licensed dealer shall post the statement conspicuously within the licensed premises. The statement shall not be placed on the floor or the ceiling of the premises.
(3) The word “WARNING” in paragraph (1) shall be on a separate line above the other text in the statement.
(4) The sentence “IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).” in paragraph (1) shall be on a separate line below “WARNING” and above the other text in the statement.
(c) This section shall become operative on January 1, 2026.

SEC. 17.

 Section 27882 of the Penal Code is amended to read:

27882.
 (a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and secured in the transferee’s residence in one of the following ways:
(A) Secured in a locked container.
(B) Disabled by a firearm safety device.
(C) Secured within a locked gun safe.
(D) Locked with a locking device as described in Section 16860 that has rendered the firearm inoperable.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 18.

 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:
(1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and securely stored, as defined in Section 17060, in the transferee’s residence.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
(c) This section shall become operative on January 1, 2026.

SEC. 19.

 Section 27883 of the Penal Code is amended to read:

27883.
 Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met:
(a) The firearm being loaned is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) One of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 20.

 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:
(a) The firearm being loaned is listed as being owned by the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) The firearm is securely stored, as defined in Section 17060.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
(k) This section shall become operative on January 1, 2026.

SEC. 6.SEC. 21.

 Section 29805 of the Penal Code is amended to read:

29805.
 (a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of 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 487 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, 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.
(2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who 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.
(b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently 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.
(c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction 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 fine and imprisonment.
(d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction 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 fine and imprisonment.
(e) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within 10 years of the conviction 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 fine and imprisonment.
(f) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction 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 fine and imprisonment.
(g) Any person who is convicted on or after July 1, 2025, January 1, 2026, of a misdemeanor violation of Section 25145, and who, within one year of the conviction, owns, purchases, receives, or has in possession or under has custody or control, control of, 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 fine and imprisonment.
(h) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

SEC. 22.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 7.SEC. 23.

 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.