Penal Code § 25100 PC - Criminal Storage of a Firearm
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1. What is Penal Code § 25100 PC?
Penal Code § 25100 PC Law Reads As Followed:
A person commits the crime of “criminal storage of a firearm in the third degree” if the person keeps any loaded firearm within any premises that are under the person’s custody or control and negligently stores or leaves the firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm.
2. What Are Examples of Penal Code § 25100 PC?
Penal Code § 25100 PC addresses the improper storage of firearms in California, particularly when it leads to minors or unauthorized individuals accessing the weapon. Violations of this statute can occur under varying circumstances, depending on the degree of criminal storage. To better understand how this law applies, let’s explore some real-life examples of actions that could lead to charges under Penal Code § 25100 PC.
Examples of First-Degree Criminal Storage of a Firearm
First-degree criminal storage occurs when a child gains access to a loaded firearm due to the owner’s failure to secure it, resulting in death or great bodily injury. Examples include:
A Loaded Gun Left on a Nightstand
A parent leaves a loaded handgun on their nightstand overnight, unlocked and within reach. Their young child finds the gun and accidentally shoots another sibling, causing a fatal injury.Unlocked Gun in a Closet
A homeowner stores a loaded shotgun in a closet without a lock or security measures. Their teenager, without the parent’s knowledge, takes the firearm and accidentally shoots a friend while handling it, causing life-threatening injuries.Firearm Access During a Sleepover
During a sleepover, a child gains access to a firearm stored in an unlocked drawer in their friend’s home. The child unintentionally discharges the weapon, injuring themselves severely.
In these situations, the firearm owner knew or reasonably should have known that a child could access the weapon, making them liable under first-degree criminal storage laws.
Examples of Second-Degree Criminal Storage of a Firearm
Second-degree criminal storage involves situations where improper firearm storage leads to a child causing non-serious injury, taking the firearm to a public place, or committing a crime like brandishing a weapon. Examples include:
Non-Serious Injury During Play
A parent keeps a loaded handgun in a shoe box under their bed. Their child finds the weapon and accidentally shoots a friend during play, causing a minor injury, such as a gunshot wound to the leg.Bringing a Gun to School
A teenager accesses a loaded firearm stored in a drawer at home without any locks. They bring the gun to school to show friends, causing panic and leading to disciplinary action. Even if no one is injured, the parent may face second-degree criminal storage charges.Brandishing a Weapon in Public
A child takes an unsecured firearm and walks through a public park while brandishing it, alarming bystanders. Although no one is injured, the child’s possession of the firearm in a public setting exposes the owner to criminal liability.
These cases highlight the potential dangers of leaving firearms unsecured, even if the resulting harm is not severe or life-threatening.
Examples of Third-Degree Criminal Storage of a Firearm
Third-degree criminal storage focuses on negligence without necessarily resulting in harm or public incidents. Examples include:
Firearm Left in an Unlocked Cabinet
A gun owner stores a loaded firearm in an unlocked cabinet in their living room. While no one is injured, the owner’s negligence in storing the weapon makes it easy for children to access, creating significant risk.Negligence in a Garage Setting
A homeowner leaves a loaded rifle leaning against the wall in the garage. Knowing that their children often play in the area, the owner’s failure to secure the firearm could lead to third-degree criminal storage charges.Storing a Gun in an Unsecured Backpack
A parent keeps a loaded handgun in their backpack but leaves the backpack in an easily accessible area, such as the kitchen. A child finds the firearm, though no injuries occur.
Even when no one is hurt, negligent firearm storage that creates the potential for harm can still lead to third-degree charges.
Exceptions to Criminal Storage of a Firearm
It’s important to note that not every situation involving child access to firearms results in criminal storage charges. Penal Code § 25105 outlines several exceptions, including:
The firearm was stored in a locked container or a location a reasonable person would consider secure.
The firearm was on the owner’s person or within immediate reach for lawful purposes.
The child obtained the firearm due to unlawful entry (e.g., burglary).
The child used the firearm in lawful self-defense or defense of others.
3. What are Common Defenses Against Penal Code § 25100 PC?
If you are facing charges under Penal Code § 25100 PC – Criminal Storage of a Firearm, it’s natural to feel overwhelmed. This California law holds gun owners accountable for failing to properly store their firearms, particularly when children gain unauthorized access to them. However, being charged does not mean you will be convicted. There are several effective defenses your attorney can use to challenge these charges and potentially have your case reduced or dismissed.
Below, we’ll explore the most common defenses against Penal Code § 25100 PC and how they might apply to your case.
1. The Firearm Was Properly Secured
One of the most common defenses is showing that the firearm was stored in compliance with California’s safe storage laws. You may not be guilty under Penal Code § 25100 if you stored the firearm in either:
A locked container, such as a gun safe, or
A secure location that a reasonable person would consider inaccessible to a child.
Example:
If you placed a handgun in a locked cabinet, and a child gained access to it by breaking the lock, you could argue that you took reasonable steps to secure the weapon and should not be held liable.
2. The Firearm Was on Your Person or Within Immediate Control
Penal Code § 25100 does not apply if you were carrying the firearm on your person or if it was in a location where you could access it immediately. This defense is particularly useful if you had the weapon in your possession for lawful purposes, such as self-defense or hunting.
Example:
You were wearing a holstered, loaded handgun while at home when a child briefly saw it. Since the firearm was under your immediate control and not left unattended, this would not constitute criminal storage.
3. The Child Gained Access Through Illegal Means
You cannot be held criminally responsible if the firearm was accessed as a result of a third party’s unlawful entry into your home, vehicle, or property. If someone broke into your home and allowed a child to gain access to the firearm, the fault lies with the intruder—not you.
Example:
A burglar breaks into your home and steals a loaded gun from your safe. The burglar later abandons the gun, which a child finds and mishandles. In this case, you cannot be charged with criminal storage because the child accessed the firearm as a direct result of the unlawful break-in.
4. You Had No Knowledge of the Firearm
To convict you of criminal storage, the prosecution must prove that you had custody or control of the firearm. If you were unaware that a firearm was present or had no control over its storage, this could serve as a valid defense.
Example:
You were house-sitting for a friend who left a loaded firearm unsecured. A child found the gun while you were unaware of its presence. Since you did not own, store, or control the firearm, you could not be held responsible.
5. The Child Acted in Self-Defense
If the child used the firearm in a lawful act of self-defense or defense of others, you may not be liable under Penal Code § 25100. California law allows individuals, including minors, to use reasonable force to protect themselves or others from immediate harm.
Example:
A teenager retrieves a loaded firearm from an unlocked drawer during a home invasion and uses it to protect their family. Since the child’s actions were lawful and necessary, you could argue that the circumstances exempt you from criminal liability.
6. The Prosecution’s Evidence Was Obtained Illegally
Evidence obtained through an unlawful search and seizure cannot be used against you in court. If law enforcement officers discovered the firearm during an illegal search or without a valid warrant, your attorney can file a motion to suppress the evidence. Without the firearm as evidence, the prosecution may not be able to proceed with the case.
Example:
Police enter your home without a warrant or legal justification and discover an improperly stored firearm. Your attorney could argue that this evidence should be excluded, potentially leading to a dismissal of the charges.
7. Lack of Negligence
Another defense is demonstrating that you were not negligent in the storage of the firearm. Negligence requires showing that you failed to act as a reasonable person would under the circumstances. If you took reasonable precautions to prevent access to the firearm, you may not be guilty.
Example:
You stored a firearm in a high cabinet that was out of reach for a child and not easily accessible. Despite your efforts, a child used a ladder or other tool to retrieve it. This may show that you took reasonable steps to secure the weapon.
8. Insufficient Evidence
In any criminal case, the prosecution bears the burden of proving every element of the crime beyond a reasonable doubt. If there is insufficient evidence to establish that you violated Penal Code § 25100, your case could be dismissed.
Example:
If the prosecution cannot prove that the firearm was under your control or that you were negligent in its storage, they may not meet the burden of proof required for a conviction.
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4. What are The Penalties for Violating Penal Code § 25100 PC?
Violating Penal Code § 25100 PC – Criminal Storage of a Firearm – can lead to severe legal penalties in California. This statute holds firearm owners accountable for failing to secure their weapons, particularly when their negligence allows a child or unauthorized person to access the firearm, resulting in harm or other dangerous situations.
The penalties for violating Penal Code § 25100 depend on the degree of the offense—first, second, or third degree—and the specific circumstances surrounding the case. Below, we outline the potential consequences for each level of violation, as well as additional implications that may impact your life.
Penalties for Criminal Storage of a Firearm in the First Degree
Criminal storage in the first degree is the most serious offense under Penal Code § 25100. It occurs when:
A child gains access to a firearm due to improper storage, and
The child causes death or great bodily injury to themselves or someone else.
Punishment:
First-degree criminal storage is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the facts of the case and the prosecutor’s discretion.
Misdemeanor:
Up to 1 year in county jail, and/or
A maximum fine of $1,000.
Felony:
Up to 3 years in state prison, and/or
A maximum fine of $10,000.
Penalties for Criminal Storage of a Firearm in the Second Degree
Second-degree criminal storage occurs when:
A child gains access to a firearm due to improper storage, and
The child causes non-serious injury to themselves or another person, or
The child takes the firearm to a public place or uses it to commit a crime, such as brandishing a weapon.
Punishment:
Second-degree criminal storage is always charged as a misdemeanor:
Up to 1 year in county jail, and/or
A maximum fine of $1,000.
Penalties for Criminal Storage of a Firearm in the Third Degree
Third-degree criminal storage is the least severe offense under this statute. It applies when:
A firearm is negligently stored in a location where a child could reasonably gain access to it, even if no harm or injury occurs.
Punishment:
Third-degree criminal storage is also charged as a misdemeanor:
Up to 1 year in county jail, and/or
A maximum fine of $1,000.
Additional Consequences of a Penal Code § 25100 Conviction
Beyond the direct penalties of jail time and fines, a conviction for criminal storage of a firearm can have other significant impacts on your life:
1. Immigration Consequences
For non-citizens, a conviction under Penal Code § 25100 PC could result in serious immigration consequences, especially if the case involves aggravated circumstances. Depending on the details of the offense, a felony conviction may lead to:
Deportation, or
Being deemed inadmissible to the United States.
Non-citizens facing these charges should consult an experienced attorney immediately, as criminal convictions can jeopardize their immigration status.
2. Loss of Gun Rights
The impact on your firearm rights depends on whether you are convicted of a misdemeanor or felony.
Misdemeanor Conviction:
A misdemeanor conviction under Penal Code § 25100 does not result in the loss of your right to own, purchase, or possess firearms.Felony Conviction:
A felony conviction will result in the permanent loss of your firearm rights under California law. As a convicted felon, you are prohibited from:Owning firearms,
Purchasing firearms, and
Possessing firearms of any kind.
3. Criminal Record
Any conviction under Penal Code § 25100 PC will appear on your criminal record, which can have lasting consequences, including:
Difficulty finding employment,
Challenges in obtaining housing, and
Damage to your reputation.
In some cases, you may be eligible to have your conviction expunged from your record. This process requires completing your sentence and demonstrating good behavior.
A conviction under Penal Code § 25100 PC can be life-altering, but with the right legal representation, you can fight the charges and protect your future. At Grace Legal Group, our experienced criminal defense attorneys have a deep understanding of California’s firearm laws and the strategies needed to challenge these allegations.
5. What Are the Related Offenses To Penal Code § 25100 PC?
In California, Penal Code § 25100 PC addresses the improper storage of firearms, particularly when it allows a child or unauthorized person to access the weapon. However, there are several related offenses under California law that deal with firearm safety, endangerment, and carrying firearms in public or concealed. These offenses often overlap with or arise in conjunction with a violation of Penal Code § 25100 PC.
Below, we’ll explore the key offenses related to criminal storage of a firearm, their definitions, and potential penalties.
1. Child Endangerment – Penal Code § 273a PC
California Penal Code § 273a PC makes it a crime to willfully cause or permit a child to suffer harm or to be placed in a situation where they are in danger of physical harm. Improper firearm storage that leads to a child accessing a gun may result in both child endangerment and criminal storage of a firearm charges.
Example:
A parent leaves a loaded handgun on a kitchen counter within reach of their child. The child accidentally discharges the weapon, injuring themselves or another person.
Penalties:
Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
Felony (if great bodily harm occurs):
2, 4, or 6 years in state prison, and/or
Substantial fines.
2. Carrying a Loaded Firearm – Penal Code § 25850 PC
Under Penal Code § 25850 PC, it is illegal to carry a loaded firearm in a public place or in a vehicle. If a firearm stored improperly under § 25100 is later carried by a child or unauthorized person in public, additional charges under § 25850 may apply.
Example:
A child gains access to an improperly stored firearm and carries it to a public park. Even if no harm occurs, the act of carrying the loaded weapon in public can lead to criminal charges against the firearm owner.
Penalties:
Misdemeanor: Up to 1 year in county jail and/or fines up to $1,000.
Felony (if certain aggravating factors exist): Up to 3 years in state prison.
3. Carrying a Concealed Weapon – Penal Code § 25400 PC
Penal Code § 25400 PC prohibits carrying a concealed firearm on your person or in a vehicle without proper authorization. If a child accesses an improperly stored firearm and conceals it, the firearm owner may face charges for both criminal storage and violations of § 25400.
Example:
A teenager takes an unsecured handgun from their home and hides it in their backpack, then takes it to school or another public place.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony (in cases of prior convictions or other aggravating factors): 16 months, 2 years, or 3 years in state prison.
4. Negligent Discharge of a Firearm – Penal Code § 246.3 PC
Under Penal Code § 246.3 PC, it is illegal to willfully discharge a firearm in a grossly negligent manner that could result in injury or death. If a child gains access to an improperly stored firearm and accidentally discharges it, the firearm owner may be charged with criminal storage of a firearm and negligent discharge.
Example:
A loaded firearm is left unattended in a living room. A child finds the gun and accidentally fires it, causing property damage or injury.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months, 2 years, or 3 years in state prison.
5. Brandishing a Weapon – Penal Code § 417 PC
Penal Code § 417 PC makes it illegal to draw, exhibit, or use a firearm in a threatening, rude, or angry manner. If a child gains access to a firearm due to improper storage and brandishes it in a public setting, the firearm owner may face related charges.
Example:
A child retrieves a handgun left unsecured and waves it around at a park, alarming bystanders.
Penalties:
Misdemeanor: 30 days to 1 year in county jail.
Felony (if the weapon is brandished at someone in a vehicle or specific public spaces): Up to 3 years in state prison.
6. Failure to Prevent a Minor from Possessing a Firearm – Penal Code § 25105 PC
Penal Code § 25105 PC outlines the responsibilities of firearm owners to prevent minors from accessing firearms. It specifies exceptions to criminal storage of a firearm charges, such as storing the firearm in a locked container or using a trigger lock. However, failure to follow these safety precautions may result in related charges under § 25105.
7. Allowing a Loaded Firearm in a Vehicle – Penal Code § 26100 PC
Penal Code § 26100 PC prohibits allowing someone to bring a loaded firearm into a vehicle under your control. If a child or unauthorized person brings a loaded firearm into a car as a result of improper storage, the firearm owner may face criminal charges.
Example:
A child finds a firearm stored in an unlocked drawer at home and later places it in the family car. If law enforcement discovers the loaded firearm, the owner could be held accountable.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Up to 3 years in state prison.
How These Related Offenses Interconnect
Improper storage of a firearm often creates a domino effect of legal violations. For instance:
A child gaining access to a firearm due to improper storage (Penal Code § 25100) can lead to public brandishing (§ 417), negligent discharge (§ 246.3), or even endangerment of others (§ 273a).
Each additional action can result in multiple charges for the firearm owner, increasing the severity of penalties.
Avoiding Related Offenses
Firearm owners can protect themselves by taking proactive steps to comply with California’s safe storage laws, including:
Storing firearms in locked containers or safes.
Using trigger locks or other safety devices.
Keeping firearms unloaded and separating ammunition.
Educating household members about firearm safety.
Protect Your Rights with Grace Legal Group
If you are facing charges for criminal storage of a firearm or any related offense, you need an experienced criminal defense attorney on your side. At Grace Legal Group, we specialize in firearm-related cases and understand the intricacies of California law. We will analyze the facts of your case, challenge the prosecution’s evidence, and work tirelessly to secure the best possible outcome.
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