SB 363 California Senate · 2013-2014 Regular Session

Firearms: criminal storage: unsafe handguns: fees.

Summary
(1) Existing law requires the Department of Justice to maintain a roster listing all pistols, revolvers, and other firearms capable of being concealed on the person that have been tested by a certified testing laboratory and have been determined not to be unsafe handguns. Existing law allows the department to charge manufacturers of firearms an annual fee not to exceed the costs of preparing, publishing, and maintaining the roster. This bill would require the annual fee, commencing on January 1, 2015, to be paid on January 1, or the next business day, of every year. (2) Existing law makes it a misdemeanor punishable with specified penalties if a person keeps a handgun at the person's premises and knows or reasonably should know that a child is likely to gain access to the handgun without permission, as specified, and the child gains access to the handgun and carries it off-premises or off-premises to a school, as specified. This bill would make that prohibition apply to a person who keeps a handgun at the person's premises and knows or reasonably should know that a prohibited person, as specified, is likely to gain access to the handgun, and the prohibited person gains access to the handgun and carries it off-premises or off-premises and to a school, as specified. (3) Existing law makes it an offense for any person in this state to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend any unsafe handgun, as defined. Existing law exempts from those prohibitions, the sale of handguns to, or the purchase of handguns by, specified law enforcement entities, among others. This bill would exempt the sale of handguns to, or the purchase of handguns by, federal law enforcement agencies from the application of those prohibitions. (4) Existing law, subject to exceptions, provides that the offense of criminal storage of a firearm is committed when a person who keeps any loaded firearm within any premises that are under the person's custody or control 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 injury to the child or any other person, as specified, or carries the firearm to a public place, or unlawfully displays or uses the firearm, as specified. This bill would expand these provisions to include the circumstance of when the person who keeps the firearm knows or reasonably should know that a person prohibited from owning or possessing a firearm or deadly weapon, as specified, is likely to gain access to the firearm, and that person gains access to the firearm and thereby causes death or injury to himself or herself or any other person, as specified, or carries the firearm to a public place, or unlawfully displays or uses the firearm, as specified. (5) This bill would incorporate additional changes to Section 25100 of the Penal Code proposed by AB 231 that would become operative if this bill and AB 231 are both enacted and this bill is enacted last. This bill would incorporate additional changes to Section 32000 of the Penal Code proposed by AB 169 that would become operative if this bill and AB 169 are both enacted and this bill is enacted last. (6) By expanding the scope of existing crimes, this bill would impose a state-mandated local program. 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.
Bill status signed all 5 stages cleared
Introduction
Feb 2013
Committee Review
Sep 2013
Senate Passage
May 2013
Assembly Passage
Sep 2013
Signed into Law
Oct 2013
Introduced Feb 20, 2013 Signed Oct 11, 2013
Floor votes · Senate May 16, 2013 · Assembly Sep 3, 2013

How they voted

36–0
Passed · 2 other
Total votes 38
May 16, 2013
D Democratic27
26 Yea 1
96% Yea
R Republican11
10 Yea 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
12
Committee
11
Amendments
1
Oct 11, 2013
Signed into law
Approved by the Governor.
legislature
Sep 4, 2013
Upper · Passed
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2134.) Ordered to engrossing and enrolling.
upper
Sep 3, 2013
Assembly · Passed
Assembly Vote: pass (63-11-2)
assembly
Sep 3, 2013
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jul 3, 2013
Lower · Passed
From committee: Do pass as amended. (Ayes 16. Noes 1.) (July 3).
lower
Jun 18, 2013
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 18). Re-referred to Com. on APPR.
lower
Jun 11, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
lower
May 28, 2013
Committee
Referred to Com. on PUB. S.
lower
May 16, 2013
Senate · Passed
Senate Vote: pass (36-0-2)
senate
May 14, 2013
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0. Page 936.) (May 13).
upper
May 1, 2013
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 756.) (April 30). Re-referred to Com. on APPR.
upper
Apr 22, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Apr 2, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Apr 1, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Feb 28, 2013
Committee
Referred to Com. on PUB. S.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Roderick Wright
Roderick Wright
DDemocratic
CA
35