Anthony Portantino
- Democratic
- Senator
- District 25
Author
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 January 1, 2026, prohibit 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 firearm safety devices and is properly engaged so 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.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 11). Re-referred to Com. on APPR.
June 4 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read third time. Passed. (Ayes 27. Noes 9. Page 3049.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 4. Noes 2. Page 3010.) (January 18).
Set for hearing January 18.
January 16 hearing: Placed on APPR suspense file.
Set for hearing January 16.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 2958.) (January 9). Re-referred to Com. on APPR.
Set for hearing January 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after January 5.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB53 | HTML |
| 12/05/22 - Introduced | |
| 01/03/24 - Amended Senate | |
| 05/28/24 - Amended Assembly |
| Document | Format |
|---|---|
| 01/04/24- Senate Public Safety | |
| 01/12/24- Senate Appropriations | |
| 01/22/24- Sen. Floor Analyses | |
| 06/10/24- Assembly Public Safety |
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