Penal Code 25100 PC is the California statute that defines the crime of criminal storage of a firearm. The law says a person cannot store a gun where a child may access it, and it is an offense if a child then gets it and injures either himself/herself or another person. A violation of the statute can result in a felony charge punishable by up to three years in state prison.
25100 PC states that “a person commits the crime of criminal storage of a firearm…if all of the following conditions are satisfied: The person keeps any firearm within any premises that are under the person’s custody or control. 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 thereby causes death or great bodily injury to the child or any other person.”
Examples
- putting a gun in a hallway closet and a child finds it and shoots the gun’s owner,
- storing a rifle in a garage where a child later gets it and shoots a neighbor, and
- keeping a handgun in a nightstand and a child discovers it and accidentally shoots himself.
Defenses
A defendant can contest a charge under this statute with a legal defense. Common defenses include:
- the defendant kept the gun in a locked container,
- the accused had the firearm in his/her possession, and/or
- the defendant was arrested after an unlawful search and seizure.
Penalties
The maximum penalties for a violation of this law are:
- a felony charge (as opposed to a charge of a misdemeanor or an infraction), and
- custody in the state prison for up to three years.
In this article, our criminal defense attorneys will explain the following about California gun storage laws:
- 1. What is a crime under Penal Code 25100?
- 2. Are there legal defenses?
- 3. What are the penalties?
- 4. Are there immigration consequences?
- 5. Can a person get a conviction expunged?
- 6. Does a conviction affect gun rights?
- 7. Are there related offenses?
1. What is a crime under Penal Code 25100?
This statute says that a person can commit the crime of criminal storage of a firearm in one of three ways. These are either in the:
- first degree,
- second degree, or
- third degree.
1.1. Criminal storage of a firearm in the first degree
A prosecutor must prove the following to convict a person of this crime:
- the accused kept a firearm in a place under his/her control,
- the person knew, or should have known, that a child could get to the weapon without a parent’s permission, and
- the child accessed the firearm and thereby caused death or great bodily injury to the child or someone else.1
1.2. Criminal storage of a firearm in the second degree
A prosecutor must prove the following to convict a person of this offense:
- the accused kept a firearm in a place under his/her control,
- the person knew, or should have known, that a child could get to the weapon without a parent’s permission,
- the child accessed the firearm and thereby caused injury, other than great bodily injury, to either himself/herself or someone else, or
- the child got the gun and took it to a public place or committed the crime of brandishing a weapon.2
1.3. Criminal storage of a firearm in the third degree
A prosecutor must prove the following to convict a person of this offense:
- the accused kept a firearm in a place under his/her control, and
- the person negligently stored it in a location where he/she knew that a child could get to it.3
2. Are there legal defenses?
Defense attorneys use different strategies to oppose charges under these laws. These include showing that:
- the defendant kept the firearm in a locked container.
- the accused carried the firearm on his/her person.
- the defendant was arrested after an unlawful search and seizure.
All of these defenses are set forth in Penal Code 25105 PC.
2.1. Locked container
A defendant is innocent under these laws if he/she kept a gun stored in either:
- a locked container, or
- a location that a reasonable person would believe was secure.4
2.2. Possession
An accused is not guilty under this statute if he/she carried the firearm:
- on his/her person, or
- within such a close enough area that he/she could quickly access it.5
2.3. Unlawful search and seizure
Authorities cannot conduct a search or take property without a valid search warrant. If no warrant, then they must have a legal excuse for not having one.
Evidence obtained via an unlawful search/seizure can get excluded from a criminal case. This includes evidence of the improper storage of a gun.
Exclusion means that any charges in the case could get reduced or even dismissed.
3. What are the penalties?
Criminal storage of a firearm in the first degree is a wobbler. A wobbler is an offense that the prosecutor can charge as either:
- a misdemeanor, or
- a felony.
A misdemeanor offense is punishable by:
- custody in the county jail for up to one year, and/or
- a maximum fine of $1,000.6
A felony offense is punishable by:
- custody in state prison for up to three years, and/or
- a maximum fine of $10,000.7
Criminal storage of a firearm in the second or third degree is charged as a misdemeanor. The offense is punishable by:
- custody in the county jail for up to one year, and/or
- a maximum fine of $1,000.8
4. Are there immigration consequences?
A conviction under these laws may have negative immigration consequences.
California law says that aggravated felonies can result in a non-citizen defendant being:
- deported, or
- marked as inadmissible.
The facts of a case determine whether or not a felony is “aggravated,” with severe facts causing aggravation.
This means a violation of these laws will have negative immigration results in cases with grave facts.
5. Can a person get a conviction expunged?
A person can get a conviction expunged if:
- the conviction was for a misdemeanor offense, and
- the defendant successfully completed either a jail term or probation.
A person, though, cannot get a felony conviction expunged. Expungements are not allowed for crimes that lead to prison terms.
6. Does a conviction affect gun rights?
A misdemeanor conviction will not affect a person’s gun rights.
Felony convictions, though, will cause a defendant to lose his/her rights to:
- buy a gun,
- own a gun, and
- possess a gun.
California law says that convicted felons must give up their gun rights.
7. Are there related offenses?
There are three crimes related to criminal storage of a firearm. These are:
- child endangerment – PC 273a
- carrying a loaded firearm – PC 25850, and
- carrying a concealed weapon – PC 25400
7.1. Child endangerment – PC 273a
California law defines child endangerment as willfully exposing a child under 18 to:
- pain,
- suffering, or
- danger.
A person can be charged for this crime even if a particular risk never came to fruition.
7.2. Carrying a loaded firearm – PC 25850
Penal Code 25850 PC is the California statute that makes it a crime for a person to:
- carry a loaded firearm in public, or
- carry a loaded firearm in his/her vehicle.
A “public place” is any place which is:
- open to general use, and
- readily accessible by anyone wishing to go there.
7.3. Carrying a concealed weapon – PC 25400
Penal Code 25400 PC makes it a crime for a person to carry a concealed firearm either:
- on his/her person, or
- in his/her vehicle.
This law applies to any
- pistol,
- revolver, or
- other firearm capable of being concealed upon one’s person.
For additional help…
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.
Legal References:
- California Penal Code 25100a PC.
- California Penal Code 25100b PC.
- California Penal Code 25100c PC.
- California Penal Code 25105b PC.
- California Penal Code 25105c PC.
- California Penal Code 19 PC.
- California Penal Code 1170h PC.
- California Penal Code 25100 PC. See also California Penal Code 19 PC.