BILL NUMBER: SB 363 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 30, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN ASSEMBLY JUNE 11, 2013
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 2, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wright
FEBRUARY 20, 2013
An act to amend Sections 25100, 25200, 32000, and 32015 of the
Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 363, as amended, Wright. Firearms: criminal storage: unsafe
handguns: fees.
(1) Existing law requires the Department of Justice to maintain a
roster listing all pistols, revolvers, and other firearms capable of
being concealed on the person that have been tested by a certified
testing laboratory and have been determined not to be unsafe
handguns. Existing law allows the department to charge manufacturers
of firearms an annual fee not to exceed the costs of preparing,
publishing, and maintaining the roster.
This bill would require the annual fee, commencing on January 1,
2015, to be paid on January 1, or the next business day, of every
year.
(2) Existing law makes it a misdemeanor punishable with specified
penalties if a person keeps a handgun at the person's premises and
knows or reasonably should know that a child is likely to gain access
to the handgun without permission, as specified, and the child gains
access to the handgun and carries it off-premises or off-premises to
a school, as specified.
This bill would make that prohibition apply to a person who keeps
a handgun at the person's premises and knows or reasonably should
know that a prohibited person, as specified, is likely to gain access
to the handgun, and the prohibited person gains access to the
handgun and carries it off-premises or off-premises and to a school,
as specified.
(3) Existing law makes it an offense for any person in this state
to manufacture or cause to be manufactured, import into the state for
sale, keep for sale, offer or expose for sale, give, or lend any
unsafe handgun, as defined. Existing law exempts from those
prohibitions, the sale of handguns to, or the purchase of handguns
by, specified law enforcement entities, among others.
This bill would exempt the sale of handguns to, or the purchase of
handguns by, federal law enforcement agencies from the application
of those prohibitions.
(4) Existing law, subject to exceptions, provides that the offense
of criminal storage of a firearm is committed when a person who
keeps any loaded firearm within any premises that are under the
person's custody or control 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 thereby causes death or injury to the child or
any other person, as specified, or carries the firearm to a public
place, or unlawfully displays or uses the firearm, as specified.
This bill would expand these provisions to include the
circumstance of when the person who keeps the firearm knows or
reasonably should know that a person prohibited from owning or
possessing a firearm or deadly weapon, as specified, is likely to
gain access to the firearm, and that person gains access to the
firearm and thereby causes death or injury to himself or herself or
any other person, as specified, or carries the firearm to a public
place, or unlawfully displays or uses the firearm, as specified.
(5) This bill would incorporate additional changes to Section
25100 of the Penal Code proposed by AB 231 that would become
operative if this bill and AB 231 are both enacted and this bill is
enacted last. This bill would incorporate additional changes to
Section 32000 of the Penal Code proposed by AB 169 that would become
operative if this bill and AB 169 are both enacted and this bill is
enacted last.
By
(6) By expanding the scope of
existing crimes, 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 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 of the first degree" if
all of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) 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, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law is likely to gain access to the firearm.
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person, or the
person prohibited from possessing a firearm or deadly weapon
pursuant to state or federal law obtains access to the firearm and
thereby causes death or great bodily injury to himself or herself or
any other person.
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) 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, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law is likely to gain access to the firearm.
(3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417, or the person prohibited from possessing a
firearm or deadly weapon pursuant to state or federal law obtains
access to the firearm and thereby causes injury, other than great
bodily injury, to himself or herself or any other person, or carries
the firearm either to a public place or in violation of Section 417.
SEC. 1.5. 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 of
in the first degree" if all of the following conditions
are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) 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 , or that a person
prohibited from possessing a firearm or deadly weapon pursuant to
state or federal law is likely to gain access to the firearm .
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person ,
or the person prohibited from possessing a firearm or deadly weapon
pursuant to state or federal law obtains access to the firearm and
thereby causes death or great bodily injury to himself or herself or
any other person .
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of in
the second degree" if all of the following conditions are
satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) 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 , or that a person prohibited
from possessing a firearm or deadly weapon pursuant to state or
federal law is likely to gain access to the firearm .
(3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417 , or the person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law obtains access to the firearm and thereby causes injury, other
than great bodily injury, to himself or herself or any other person,
or carries the firearm either to a public place or in violation of
Section 417 .
(c) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm in the third degree" if the
person keeps any loaded firearm within any premises that are under
the person's custody or control and negligently stores or leaves a
loaded firearm in a location where 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,
unless reasonable action is taken by the person to secure the firearm
against access by the child.
SEC. 2. 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:
(1) The person keeps a pistol, revolver, or other firearm capable
of being concealed upon the person, loaded or unloaded, within any
premises that are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to that firearm without the permission of the
child's parent or legal guardian, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law is likely to gain access to the firearm.
(3) The child or the prohibited person obtains access to that
firearm and thereafter carries that firearm off-premises.
(b) 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 five thousand dollars ($5,000), or by
both that imprisonment and fine:
(1) The person keeps any firearm within any premises that are
under the person's custody or control.
(2) 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, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal
law is likely to gain access to the firearm.
(3) The child or the prohibited person obtains access to the
firearm and thereafter carries that firearm off-premises to any
public or private preschool, elementary school, middle school, high
school, or to any school-sponsored event, activity, or performance,
whether occurring on school grounds or elsewhere.
(c) A pistol, revolver, or other firearm capable of being
concealed upon the person that a child or prohibited person gains
access to and carries off-premises in violation of this section shall
be deemed "used in the commission of any misdemeanor as provided in
this code or any felony" for the purpose of Section 29300 regarding
the authority to confiscate firearms and other deadly weapons as a
nuisance.
(d) As used in this section, "off-premises" means premises other
than the premises where the firearm was stored.
SEC. 3. Section 32000 of the Penal Code is amended to read:
32000. (a) Commencing January 1, 2001, any person in this state
who manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or
lends any unsafe handgun shall be punished by imprisonment in a
county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state,
of any prototype pistol, revolver, or other firearm capable
of being concealed upon the person a prototype
handgun when the manufacture or importation is for the sole
purpose of allowing an independent laboratory certified by the
Department of Justice pursuant to Section 32010 to conduct an
independent test to determine whether that pistol, revolver,
or other firearm capable of being concealed upon the person
handgun is prohibited by Sections 31900 to
32110, inclusive, and, if not, allowing the department to add the
firearm to the roster of pistols, revolvers, and other
firearms capable of being concealed upon the person
handguns that may be sold in this state pursuant to Section
32015.
(2) The importation or lending of a pistol, revolver, or
other firearm capable of being concealed upon the person
handgun by employees or authorized agents of entities
determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of any pistol, revolver, or
other firearm capable of being concealed upon the person
a handgun , if the pistol, revolver, or other
firearm handgun is sold to, or purchased by, the
Department of Justice, any a police
department, any a sheriff's official,
any a marshal's office, the
Youth and Adult Correctional Agency, Department of
Corrections and Rehabilitation, the California Highway Patrol,
any district attorney's office, any federal law enforcement agency,
or the military or naval forces of this state or of the United States
for use in the discharge of their official duties. Nor
shall anything in this section This section does not
prohibit the sale to, or purchase by, sworn members of these
agencies of any pistol, revolver, or other firearm capable
of being concealed upon the person a handgun .
(c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.
SEC. 3.5. Section 32000 of the Penal
Code is amended to read:
32000. (a) Commencing January 1, 2001, any person in this state
who manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or
lends any unsafe handgun shall be punished by imprisonment in a
county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state,
of any prototype pistol, revolver, or other firearm capable
of being concealed upon the person a prototype
handgun when the manufacture or importation is for the sole
purpose of allowing an independent laboratory certified by the
Department of Justice pursuant to Section 32010 to conduct an
independent test to determine whether that pistol, revolver,
or other firearm capable of being concealed upon the person
handgun is prohibited by Sections 31900 to
32110, inclusive, and, if not, allowing the department to add the
firearm to the roster of pistols, revolvers, and other
firearms capable of being concealed upon the person
handguns that may be sold in this state pursuant to Section
32015.
(2) The importation or lending of a pistol, revolver, or
other firearm capable of being concealed upon the person
handgun by employees or authorized agents of entities
determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of any pistol, revolver, or
other firearm capable of being concealed upon the person
a handgun , if the pistol, revolver, or other
firearm handgun is sold to, or purchased by, the
Department of Justice, any a police
department, any a sheriff's official,
any a marshal's office, the
Youth and Adult Correctional Agency Department of
Corrections and Rehabilitation , the California Highway Patrol,
any district attorney's office, any federal law enforcement
agency, or the military or naval forces of this state or of the
United States for use in the discharge of their official duties.
Nor shall anything in this section This
section does not prohibit the sale to, or purchase by, sworn
members of these agencies of any pistol, revolver, or other
firearm capable of being concealed upon the person a
handgun. A person who, under this paragraph, acquires a handgun that
is not on the roster required by Section 32015, shall not sell or
otherwise transfer ownership of the handgun to a person who is not
exempted under this paragraph .
(c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.
SEC. 4. Section 32015 of the Penal Code is amended to read:
32015. (a) On and after January 1, 2001, the Department of
Justice shall compile, publish, and thereafter maintain a roster
listing all of the pistols, revolvers, and other firearms
capable of being concealed upon the person handguns
that have been tested by a certified testing laboratory, have
been determined not to be unsafe handguns, and may be sold in this
state pursuant to this part. The roster shall list, for each firearm,
the manufacturer, model number, and model name.
(b) (1) The department may charge every person in this state who
is licensed as a manufacturer of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
and any person in this state who manufactures or causes to be
manufactured, imports into the state for sale, keeps for sale, or
offers or exposes for sale any pistol, revolver, or other
firearm capable of being concealed upon the person
handgun in this state, an annual fee not exceeding the costs of
preparing, publishing, and maintaining the roster pursuant to
subdivision (a) and the costs of research and development, report
analysis, firearms storage, and other program infrastructure costs
necessary to implement Sections 31900 to 32110, inclusive. Commencing
January 1, 2015, the annual fee shall be paid on January 1, or the
next business day, of every year.
(2) Any pistol, revolver, or other firearm capable of
being concealed upon the person handgun that is
manufactured by a manufacturer who manufactures or causes to be
manufactured, imports into the state for sale, keeps for sale, or
offers or exposes for sale any pistol, revolver, or other
firearm capable of being concealed upon the person
handgun in this state, and who fails to pay any fee required
pursuant to paragraph (1), may be excluded from the roster.
(3) If a purchaser has initiated a transfer of a handgun that is
listed on the roster as not unsafe, and prior to the completion of
the transfer, the handgun is removed from the roster of not unsafe
handguns because of failure to pay the fee required to keep that
handgun listed on the roster, the handgun shall be deliverable to the
purchaser if the purchaser is not otherwise prohibited from
purchasing or possessing the handgun. However, if a purchaser has
initiated a transfer of a handgun that is listed on the roster as not
unsafe, and prior to the completion of the transfer, the handgun is
removed from the roster pursuant to subdivision (d) of Section 32020,
the handgun shall not be deliverable to the purchaser.
SEC. 5. Section 1.5 of this bill incorporates
amendments to Section 25100 of the Penal Code proposed by both this
bill and Assembly Bill 231. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 25100 of the Penal Code, and (3)
this bill is enacted after Assembly Bill 231, in which case Section 1
of this bill shall not become operative.
SEC. 6. Section 3.5 of this bill incorporates
amendments to Section 32000 of the Penal Code proposed by both this
bill and Assembly Bill 169. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 32000 of the Penal Code, and (3)
this bill is enacted after Assembly Bill 169, in which case Section 3
of this bill shall not become operative.
SEC. 5. SEC. 7. 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.