Section § 25100

Explanation

This law outlines the criminal storage of firearms in California, divided into three degrees. First-degree criminal storage occurs when someone leaves a firearm accessible to a child or someone who legally shouldn't have it, resulting in death or serious injury. Second-degree is similar but results in less severe injury, or if the weapon is taken out in public. Third-degree involves negligent storage where a child could easily access the firearm, but no injury is required for the charge. This law will be repealed on January 1, 2026.

(a)CA Penal Law Code § 25100(a) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the first degree” if all of the following conditions are satisfied:
(1)CA Penal Law Code § 25100(a)(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2)CA Penal Law Code § 25100(a)(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)CA Penal Law Code § 25100(a)(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 themselves or any other person.
(b)CA Penal Law Code § 25100(b) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the second degree” if all of the following conditions are satisfied:
(1)CA Penal Law Code § 25100(b)(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2)CA Penal Law Code § 25100(b)(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)CA Penal Law Code § 25100(b)(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 themselves or any other person, or carries the firearm either to a public place or in violation of Section 417.
(c)CA Penal Law Code § 25100(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 firearm within any premises that are under the person’s custody or control and negligently stores or leaves a 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.
(d)CA Penal Law Code § 25100(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 25100

Explanation

This law describes different levels of crime related to storing firearms improperly. It's a crime if someone keeps a firearm at their place, and knows or should know that a child or a person who can't legally have a gun might get it, leading to harm.

First-degree criminal storage happens when a child or prohibited person causes death or serious injury after accessing the firearm. Second-degree happens if they cause less severe injuries or take it to a public place. Third-degree is when someone negligently leaves a firearm where a child can easily access it, without the parent's consent.

These laws are intended to prevent accidents and injuries by ensuring firearms are stored safely, and they will be effective starting January 1, 2026.

(a)CA Penal Law Code § 25100(a) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the first degree” if all of the following conditions are satisfied:
(1)CA Penal Law Code § 25100(a)(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2)CA Penal Law Code § 25100(a)(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)CA Penal Law Code § 25100(a)(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 themselves or any other person.
(b)CA Penal Law Code § 25100(b) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the second degree” if all of the following conditions are satisfied:
(1)CA Penal Law Code § 25100(b)(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2)CA Penal Law Code § 25100(b)(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)CA Penal Law Code § 25100(b)(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 themselves or any other person, or carries the firearm either to a public place or in violation of Section 417.
(c)CA Penal Law Code § 25100(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 firearm within any premises that are under the person’s custody or control and negligently stores or leaves a 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.
(d)CA Penal Law Code § 25100(d) This section shall become operative on January 1, 2026.

Section § 25105

Explanation

This law section outlines situations where the rules about safely storing firearms, as stated in Section 25100, do not apply. First, if a child gets a firearm because someone broke in unlawfully, Section 25100 doesn't apply. It also doesn't apply if the gun is stored securely in a locked container, is on someone's person, or nearby enough for easy access. If the firearm is made unusable with a locking device, or if a peace officer, military, or National Guard member is involved during work, this section is also exempt. Additionally, if a child uses a firearm defensively, or if the gun owner had no reason to expect a child on the premises, the rule is waived. Note that these rules are temporary and are set to be repealed after January 1, 2026.

Section 25100 does not apply whenever any of the following occurs:
(a)CA Penal Law Code § 25105(a) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(b)CA Penal Law Code § 25105(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(c)CA Penal Law Code § 25105(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)CA Penal Law Code § 25105(d) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(e)CA Penal Law Code § 25105(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)CA Penal Law Code § 25105(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(g)CA Penal Law Code § 25105(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)CA Penal Law Code § 25105(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 25105

Explanation

Section 25100 rules do not apply in several specific situations. First, if a child gets a firearm due to illegal entry into property. Second, if the firearm is securely stored. Third, if the firearm is carried or controlled by its legal owner or authorized user. Fourth, if the person involved is a peace officer or military member doing their duty. Fifth, if the firearm is obtained or used by a child for lawful self-defense or defense of others. Lastly, these rules come into effect on January 1, 2026.

Section 25100 does not apply whenever any of the following occurs:
(a)CA Penal Law Code § 25105(a) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(b)CA Penal Law Code § 25105(b) The firearm is securely stored, as defined in Section 25145.
(c)CA Penal Law Code § 25105(c) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145.
(d)CA Penal Law Code § 25105(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)CA Penal Law Code § 25105(e) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(f)CA Penal Law Code § 25105(f) This section shall become operative on January 1, 2026.

Section § 25110

Explanation

This law describes the punishments for criminal storage of a firearm, categorized into three degrees. First-degree involves the most severe penalties, which can include state prison for up to three years and fines up to $10,000. Second-degree offenses lead to jail time of up to one year and fines up to $1,000. Third-degree violations are treated as misdemeanors.

(a)CA Penal Law Code § 25110(a) Criminal storage of a firearm in the first degree is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine; or 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.
(b)CA Penal Law Code § 25110(b) Criminal storage of a firearm in the second degree is punishable 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.
(c)CA Penal Law Code § 25110(c) Criminal storage of a firearm in the third degree is punishable as a misdemeanor.

Section § 25115

Explanation

This law says that if a parent or guardian is involved in a situation where their child is accidentally shot and injured or killed, the district attorney needs to consider how the incident affected the parent or guardian when deciding to press charges. The intention is to charge parents or guardians only if they acted in an extremely careless manner or if there are similarly serious circumstances. Additionally, this law doesn’t limit what factors a district attorney can consider when making the decision to prosecute.

If a person who allegedly violated Section 25100 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Section 25100 when deciding whether to prosecute the alleged violation. It is the Legislature’s intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This section shall not otherwise restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute an alleged violation of Section 25100.

Section § 25120

Explanation

This law describes conditions around arresting a parent or guardian if their child was injured or killed in an accidental shooting. It states that the arrest cannot happen until at least seven days after the incident.

Additionally, before an arrest, law enforcement should consider the child's health condition, especially if the child is critically injured or on life-support.

The purpose is to encourage delaying an arrest while the child is in a critical medical state.

(a)CA Penal Law Code § 25120(a) If a person who allegedly violated Section 25100 is the parent or guardian of a child who was injured or who died as the result of an accidental shooting, no arrest of the person for the alleged violation of Section 25100 shall occur until at least seven days after the date upon which the accidental shooting occurred.
(b)CA Penal Law Code § 25120(b) In addition to the limitation stated in subdivision (a), before arresting a person for a violation of Section 25100, a law enforcement officer shall consider the health status of a child who suffered great bodily injury as the result of an accidental shooting, if the person to be arrested is the parent or guardian of the injured child. The intent of this section is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.

Section § 25125

Explanation

This law states that if someone is accused of breaking firearm laws because a child got hold of a gun they purchased, and they had taken a firearm safety course before buying the gun, this fact can be used to lessen the seriousness of their case. The district attorney should consider this when deciding whether to take legal action. Additionally, during any legal proceedings related to this issue, the fact that they took a firearms safety course can be presented in court.

(a)CA Penal Law Code § 25125(a) The fact that a person who allegedly violated Section 25100 attended a firearm safety training course prior to the purchase of the firearm that was obtained by a child in violation of Section 25100 shall be considered a mitigating factor by a district attorney when deciding whether to prosecute the alleged violation.
(b)CA Penal Law Code § 25125(b) In any action or trial commenced under Section 25100, the fact that the person who allegedly violated Section 25100 attended a firearm safety training course prior to the purchase of the firearm that was obtained by a child in violation of Section 25100 is admissible.

Section § 25130

Explanation

If you’re a licensed gun dealer in California, you must display a specific notice about the legal responsibilities of anyone who keeps a loaded gun. This notice is required to be posted at your place of business.

Every person licensed under Sections 26700 to 26915, inclusive, shall post within the licensed premises the notice required by Section 26835, disclosing the duty imposed by this chapter upon any person who keeps a loaded firearm.

Section § 25135

Explanation

If you're 18 or older, own a home, and have a firearm but know someone living with you isn't allowed to have a gun, you need to secure your firearm. You can do this by keeping it in a locked container, disabling it with a safety device, storing it in a locked safe or trunk, or using a locking device that makes the gun unusable. You can also keep it on you or close by. If you don't, you're committing a misdemeanor. These rules add to existing laws, and a single action won't be punished more than once. This law is set to end on January 1, 2026.

(a)CA Penal Law Code § 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)CA Penal Law Code § 25135(a)(1) The firearm is maintained within a locked container.
(2)CA Penal Law Code § 25135(a)(2) The firearm is disabled by a firearm safety device.
(3)CA Penal Law Code § 25135(a)(3) The firearm is maintained within a locked gun safe.
(4)CA Penal Law Code § 25135(a)(4) The firearm is maintained within a locked trunk.
(5)CA Penal Law Code § 25135(a)(5) The firearm is locked with a locking device as described in Section 16860, which has rendered the firearm inoperable.
(6)CA Penal Law Code § 25135(a)(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)CA Penal Law Code § 25135(b) A violation of this section is a misdemeanor.
(c)CA Penal Law Code § 25135(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)CA Penal Law Code § 25135(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 25135

Explanation

If you are 18 years or older and live in a house where you own a gun, you cannot keep the firearm in the home if you know someone living there is legally prohibited from having a gun. To comply with the law, the gun must be securely stored or carried by an authorized user. Violating this rule is a misdemeanor, and this law doesn't prevent other laws from applying. Note that this rule starts on January 1, 2026.

(a)CA Penal Law Code § 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 unless one of the following applies:
(1)CA Penal Law Code § 25135(a)(1) The firearm is securely stored, as defined in Section 25145.
(2)CA Penal Law Code § 25135(a)(2) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145.
(b)CA Penal Law Code § 25135(b) A violation of this section is a misdemeanor.
(c)CA Penal Law Code § 25135(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)CA Penal Law Code § 25135(d) This section shall become operative on January 1, 2026.

Section § 25140

Explanation

In California, if you leave a handgun in a vehicle unattended, you must store it securely. You have options: lock it in the trunk, place it in a locked container out of sight, secure it in a locked container fixed inside the car, or lock it in a toolbox permanently attached to the vehicle. Peace officers have specific allowances if a vehicle lacks a trunk. Failing to comply can result in a fine up to $1,000. 'Locked containers' and terms like 'trunk' have specific definitions, and the law recognizes when a vehicle is considered unattended. There are exceptions for peace officers in certain situations, and pre-existing local laws can still apply.

(a)CA Penal Law Code § 25140(a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun 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.
(b)CA Penal Law Code § 25140(b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun 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)CA Penal Law Code § 25140(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(d)Copy CA Penal Law Code § 25140(d)
(1)Copy CA Penal Law Code § 25140(d)(1) As used in this section, the following definitions shall apply:
(A)CA Penal Law Code § 25140(d)(1)(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)CA Penal Law Code § 25140(d)(1)(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)CA Penal Law Code § 25140(d)(1)(C) “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.
(D)CA Penal Law Code § 25140(d)(1)(D) “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)CA Penal Law Code § 25140(d)(1)(E) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code.
(2)CA Penal Law Code § 25140(d)(2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(3)CA Penal Law Code § 25140(d)(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)CA Penal Law Code § 25140(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 official duties.
(f)CA Penal Law Code § 25140(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.

Section § 25145

Explanation

Starting January 1, 2026, if you own a firearm and keep it at home in California, you need to store it securely when you're not directly in control of it. This means it should be locked up with a certified safety device or kept in a secure gun safe. A firearm is considered under control if you or an authorized user is carrying it or can prevent others from easily accessing it. Failing to do this can result in fines up to $250 for the first violation and $500 for the second, with subsequent violations treated as misdemeanors. However, you won't be fined if you used a device you believed was compliant at the time of purchase. These rules don't apply to unloaded antique firearms or guns that can't be used anymore. The Department of Justice will inform residents about these storage rules.

(a)CA Penal Law Code § 25145(a) Beginning on January 1, 2026, a person shall ensure that any firearm the person possesses in a residence is securely stored whenever the firearm is not being carried or readily controlled by the person or another lawful authorized user.
(b)CA Penal Law Code § 25145(b) A firearm is “securely stored” if it is maintained within, locked by, or disabled using a certified firearm safety device or a secure gun safe.
(c)CA Penal Law Code § 25145(c) For purposes of this section and Sections 25105, 25135, 25205, 27882, and 27883, the following terms have the following meanings:
(1)CA Penal Law Code § 25145(c)(1) “Authorized user” has the same meaning as provided in Section 16745.
(2)CA Penal Law Code § 25145(c)(2) “Certified firearm safety device” means any firearm safety device or gun safe that is listed on the Department of Justice’s roster of tested and approved firearm safety devices certified for sale pursuant to Section 23655.
(3)CA Penal Law Code § 25145(c)(3) “Readily controlled” by a person or another lawful authorized user means either of the following:
(A)CA Penal Law Code § 25145(c)(3)(A) The person or other lawful authorized user is carrying the firearm on their person.
(B)CA Penal Law Code § 25145(c)(3)(B) The person or other lawful authorized user is within close enough proximity to the firearm to readily prevent unauthorized users from gaining access to the firearm.
(4)CA Penal Law Code § 25145(c)(4) “Secure gun safe” means a gun safe that meets the standards for gun safes adopted pursuant to Section 23650.
(d)Copy CA Penal Law Code § 25145(d)
(1)Copy CA Penal Law Code § 25145(d)(1) Except as provided in paragraph (2), a violation of this section is punishable by a fine of up to two hundred fifty dollars ($250) for a first violation and up to five hundred dollars ($500) for a second violation. A third and any subsequent violation is a misdemeanor.
(2)CA Penal Law Code § 25145(d)(2) A person shall not be penalized for violating this section if they secure their firearm using a firearm safety device or gun safe that they reasonably believed to meet the requirements of this section, including a firearm safety device that was certified at the time the individual purchased the device or a safe that met the standards for gun safes adopted pursuant to Section 23650 at the time the individual purchased the safe.
(e)CA Penal Law Code § 25145(e) 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.
(f)CA Penal Law Code § 25145(f) The Department of Justice shall seek to inform residents about the standards of storage of firearms as outlined in this section.
(g)CA Penal Law Code § 25145(g) This section does not apply to unloaded antique firearms, as defined in Section 921(a)(16) of Title 18 of the United States Code, or firearms that are permanently inoperable.