Section 25100 Of Chapter 2. Criminal Storage Of Firearm From California Penal Code >> Division 4. >> Title 4. >> Part 6. >> Chapter 2.
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 loaded 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 himself or herself 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 loaded 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 himself or herself 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 loaded firearm within any premises that are under
the person's custody or control and negligently stores or leaves a
loaded 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,
unless reasonable action is taken by the person to secure the firearm
against access by the child.