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AB-688 Firearms: vehicle storage.(2019-2020)

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Date Published: 02/15/2019 09:00 PM
AB688:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 688


Introduced by Assembly Member Chu

February 15, 2019


An act to amend Section 25140 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 688, as introduced, Chu. Firearms: vehicle storage.
Existing law requires a person, when leaving a handgun in an unattended vehicle, to lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or to lock the handgun in a locked toolbox or utility box.
This bill would make these requirements applicable to all firearms and would additionally require the firearm to be secured to the vehicle’s frame using a steel cable lock or chain and padlock or in a locked container that is secured using a steel cable lock or chain and padlock or that is permanently affixed to the vehicle, as specified. Because a violation of these new requirements would be a 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   Local Program: YES  

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 firearm 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, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box. secure the firearm as follows:
(1) By locking the firearm in the vehicle’s trunk and securing the firearm to the vehicle’s frame using a steel cable lock or chain and padlock.
(2) By locking the firearm in a locked container that is affixed to the frame of the vehicle by a steel cable lock or chain and padlock in the trunk or elsewhere in the vehicle’s interior that is not in plain view.
(3) By locking the firearm in a locked container that is permanently affixed to the trunk or elsewhere in the vehicle’s interior that is not in plain view.
(4) By locking the firearm in a locked toolbox or utility box.
(b) A peace officer, when leaving a handgun firearm in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun firearm 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) “Locked toolbox or utility box” means a fully enclosed container that is permanently affixed to the bed of a pickup truck or vehicle that does not contain a trunk, and is locked by a padlock, keylock, combination lock, or other similar locking device.
(C) “Padlock” means a locking device with a shackle portion that is at least five-thirty-seconds of an inch in diameter.

(C)

(D) “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.
(E) “Steel cable lock” means a braided steel cable that is at least three-eighths of an inch thick and either has a key or combination locking mechanism that is made of high-quality steel.

(D)

(F) “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.

(E)

(G) “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 firearm 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 the peace officer’s 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.

SEC. 2.

 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.