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AB-276 Firearms: storage.(2019-2020)

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Date Published: 03/21/2019 09:00 PM
AB276:v97#DOCUMENT

Amended  IN  Assembly  March 21, 2019
Amended  IN  Assembly  February 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 276


Introduced by Assembly Member Friedman
(Principal coauthor: Assembly Member Gabriel)

January 28, 2019


An act to amend Sections 16520, 16860, 17060, and 29805 of, and to add Section 25145 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 276, as amended, Friedman. Firearms: storage.
Existing law generally regulates the possession of firearms, including storage requirements to prevent children from gaining access to firearms.
This bill would require a person who is 18 years of age or older and who is the owner, lessee, renter, or other legal occupant of a residence, while that person is outside that residence, as defined, to ensure that any firearm that person owns or controls is securely stored against theft or unauthorized access. The bill would make a violation of these requirements an infraction punishable by a fine of not less than $250, nor more than $1,000. The bill would define a firearm as being securely stored if it is secured with an operable device that is listed on the Department of Justice’s roster of approved firearm safety devices, as specified. The bill would exempt a person from this section requirement if the firearm is loaned under specified conditions, and would exempt an unloaded antique firearm from these provisions. The bill would additionally prohibit a person convicted under these provisions, or under other specified provisions regulating the storage of firearms, from subsequently owning, purchasing, receiving, or having in their possession or control, any firearm within 10 years of the conviction. By expanding the scope of a crime, this bill would create 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 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:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Section 29180.
(14) Sections 29610 to 29750, inclusive.
(15) Sections 29800 to 29905, inclusive.
(16) Sections 30150 to 30165, inclusive.
(17) Section 31615.
(18) Sections 31705 to 31830, inclusive.
(19) Sections 34355 to 34370, inclusive.
(20) Sections 8100, 8101, and 8103 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) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Section 25135.
(6) Section 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 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.

SEC. 2.

 Section 16860 of the Penal Code is amended to read:

16860.
 As used in Sections 16850, 25105, 25145, 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.

SEC. 3.

 Section 17060 of the Penal Code is amended to read:

17060.
 As used in Section 25135 and 25145, “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.

SEC. 4.

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

25145.
 (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, shall ensure that any firearm that person owns or controls is securely stored against theft or unauthorized access, in accordance with subdivision (b), at any time the person is outside that residence.
(b) For the purposes of this section, a firearm is securely stored if it is secured with an operable 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 matches those listed on the roster for use with the device. A firearm is not securely stored if the firearm safety device is not locked or is in a condition that would render it unable to prevent unauthorized access to the firearm.
(c) This section does not apply when the person identified in subdivision (a) lawfully and temporarily loans the firearm under all of the following conditions:
(1) To another individual who is 18 years of age or older and not prohibited by state or federal law from possessing or receiving that firearm.
(2) The individual remains in the residence for the duration of the loan, or, if the individual to whom the loan is made does not remain in the residence during the duration of the loan, the individual shall ensure the firearm is securely stored in accordance with this section.
(d) A violation of this section is punishable as a misdemeanor. an infraction by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000).
(e) A person shall not be subject to prosecution under this section for failure to securely store a firearm if that person reported the theft or loss of that firearm to the local law enforcement agency in the jurisdiction in which the theft or loss occurred within 24 hours of the time that person knew or reasonably should have known that the firearm had been stolen or lost.
(f) This section does not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to the safe storage of firearms.

SEC. 5.

 Section 29805 of the Penal Code is amended to read:

29805.
 (a) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of, or has an outstanding warrant for, 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 490.2 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, or if the individual has an outstanding warrant, 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 25145 25200 and who, within 10 years of the conviction, 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.
(d) 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. 6.

 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.