Storage of FirearmsCriminal Storage of Firearm
Section § 25100
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 This law will be repealed on January 1, 2026.
Section § 25100
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.
Section § 25105
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 Note that these rules are temporary and are set to be repealed after January 1, 2026.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 § 25105
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 § 25110
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.
Section § 25115
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.
Section § 25120
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.
Section § 25125
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.
Section § 25130
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.
Section § 25135
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.
Section § 25135
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.
Section § 25140
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.
Section § 25145
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.