Firearm Storage

Penal Code 25100 PC - Criminal Storage of a Firearm

Under California law, it's a crime to store a firearm negligently—meaning to store it so that a child or someone prohibited from having a firearm can gain access to it. This law is embodied in Penal Code 25100 PC.

If you're charged with criminal storage of a firearm, depending on the circumstances, you could face severe criminal penalties if convicted—all the way up to 3 years in prison.

It's a crime under Penal Code 25100 PC to store a gun where a child has access to it.

Put simply, this statute prohibits the criminal storage of a firearm, which means storing a gun where a child may access it. If a child accesses the weapon and injures themselves or another person, it becomes a serious crime.

PC 25100 says, “a person commits the crime of criminal storage of a firearm in the first degree if they keep any loaded firearm within any premises that are under the person's custody or control, and they know or reasonably should know that a child is likely to gain access to the firearm without the permission the parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon under state or federal law is likely to gain access to the firearm.”

Subsection (3) further says it's a crime if a child or a person prohibited gets access to the firearm and causes a great bodily injury or death to themselves or another person.

This law says that someone can commit the crime of criminal storage of a firearm in either the first-degree, second-degree, or third-degree, discussed below. Let's review this state-level law further below.

PC 25100 Explained

Generally speaking, under Penal Code 25100 PC, it's a crime to store or keep any firearm in a place where a child under 18 or another prohibited person can access it without permission or supervision.

The law does not require that the prosecution prove that you intended for a child or prohibited person to access the firearm. Instead, the prosecution must only prove that: 

• You stored or kept a firearm in a place under your control; and  
• You did so in a place where a child or prohibited person could have likely access to it; and  
• You did not take reasonable steps to prevent unauthorized access to the firearm.

PC 25100 also describes three degrees of criminal storage of a firearm. In order of severity from least to worst, they are as follows:

Third-degree 

Third-degree criminal storage of a firearm, the least severe offense, occurs when you store a firearm negligently in a place where a child can reasonably access it.

Second-degree

Second-degree criminal storage of a firearm occurs if you:

• Store the firearm in a place where you know, or reasonably should have known, a child could gain unauthorized access to it; and
• The child subsequently causes a non-serious injury to themselves or someone else; or
• The child takes the weapon into public and brandishes the weapon as defined under Penal Code 417 PC.

First-degree

First-degree criminal storage of a firearm occurs if you:

• Store the firearm in a place where you know, or reasonably should have known, a child could gain unauthorized access to it; and
• The child subsequently causes serious bodily injury or death to themselves or someone else.

What Are Some Examples?

EXAMPLE 1: Tom, the father of three children, keeps a pistol in an unmarked nightstand drawer.

A conviction carries a fine and jail time.

Tom can be charged with third-degree criminal storage of a firearm.

EXAMPLE 2: Geraldine has guardianship of her adult brother, Jack, who is a recovering heroin addict and is prohibited by law from possessing a firearm. She keeps a rifle in the hall closet.

While Geraldine takes a nap, Jack takes the rifle, leaves the house, and uses it to threaten a guy who turned him into the police. Geraldine can be charged with second-degree criminal storage of a firearm because Jack subsequently committed the crime of brandishing a firearm in public.

EXAMPLE 3: Dan usually keeps a gun in a locked box in his bedroom closet, but the box is unlocked because he lost the key. His young nephew, Darius, finds the gun in the closet and accidentally shoots himself.

Dan can be charged with first-degree criminal storage of a firearm.

What Are the Penalties?

The penalties for criminal storage of a firearm depend on which degree of the crime you're charged with:

Criminal firearm storage in the second or third degree is a misdemeanor. If convicted, you could face up to one year in county jail and fines of up to $1000.

Criminal storage of a firearm in the first degree is a "wobbler," meaning it can be charged either as a misdemeanor or a felony.

• If convicted of a misdemeanor, you face up to one year in jail and fines of up to $1000.
• If convicted of a felony, you face up to three years in prison and fines of up to $10,000.

What Are the Related Crimes?

• Penal Code 273a PC – child endangerment;
• Penal Code 26350 PC – carrying an unloaded handgun;
• Penal Code 25850 PC – carrying a loaded firearm;
• Penal Code 25400 PC – carrying a concealed weapon;
• Penal Code 26500 PC – selling firearms without a license;
• Penal Code 29800 PC – felon with a firearm;
• Penal Code 33410 PC - possession of a silencer;
• Penal Code 12556 PC – display imitation firearm.

What Are the Common Legal Defenses?

Several common legal defenses are available to those charged with criminal firearm storage. These are discussed below.

Perhaps we can argue that you appropriately stored the weapon. For example, you kept it in a locked container, or a place that a reasonable person would assume was secure. In other words, the child or prohibited person could not have been expected to access the gun.

Call us to review the case details.

Perhaps we can argue that the firearm was in your possession, on your person, or where you could quickly access it. If you were in direct control of the weapon, you can't be charged with negligently storing the firearm because the child wouldn't have been expected to take the firearm off you.

Perhaps we can argue that there was an unlawful search and seizure. Under the Fourth Amendment, law enforcement officers aren't allowed to search your home or other property without a warrant or probable cause.

If the firearm was found in an unlawful search, any evidence obtained from it might be suppressed.

If you have been charged with violating Penal Code 25100 PC, criminal storage of a firearm, contact our California criminal defense lawyers to review the case details and legal options. Eisner Gorin LLP is based in Los Angeles, California. You can contact us via phone or fill out the contact form.