CHAPTER 2. Criminal Storage of Firearm [25100. - 25145.]

Cal. Penal Code - PEN 2.

in effect

Cal. Penal Code - PEN § 25100. Section 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) The person keeps any firearm within any premises that are under the person’s custody or control. (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) 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) 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) The person keeps any firearm within any premises that are under the person’s custody or control. (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) 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) 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) This section shall become operative on January 1, 2026.

Cal. Penal Code - PEN § 25105. Section 25105.

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

Cal. Penal Code - PEN § 25110. Section 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) 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) Criminal storage of a firearm in the third degree is punishable as a misdemeanor.

Cal. Penal Code - PEN § 25115. Section 25115.

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.

Cal. Penal Code - PEN § 25120. Section 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) 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.

Cal. Penal Code - PEN § 25125. Section 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) 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.

Cal. Penal Code - PEN § 25130. Section 25130.

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.

Cal. Penal Code - PEN § 25135. Section 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) The firearm is securely stored, as defined in Section 25145. (2) The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Section 25145. (b) A violation of this section is a misdemeanor. (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) This section shall become operative on January 1, 2026.

Cal. Penal Code - PEN § 25140. Section 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) 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) 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) “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) “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) “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 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 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.

Cal. Penal Code - PEN § 25145. Section 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) 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) For purposes of this section and Sections 25105, 25135, 25205, 27882, and 27883, the following terms have the following meanings: (1) “Authorized user” has the same meaning as provided in Section 16745. (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) “Readily controlled” by a person or another lawful authorized user means either of the following: (A) The person or other lawful authorized user is carrying the firearm on their person. (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) “Secure gun safe” means a gun safe that meets the standards for gun safes adopted pursuant to Section 23650. (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) 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) 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) The Department of Justice shall seek to inform residents about the standards of storage of firearms as outlined in this section. (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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026