SECTIONS 25200-25225 - California Statutes

PENAL CODE

SECTION 25200-25225

25200. (a) If all of the following conditions are satisfied, a
person shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine:
(1) The person keeps a pistol, revolver, or other firearm capable
of being concealed upon the person, loaded or unloaded, 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 that firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to that firearm and thereafter
carries that firearm off-premises.
(b) If all of the following conditions are satisfied, a person
shall be punished by imprisonment in a county jail not exceeding one
year, by a fine not exceeding five thousand dollars ($5,000), or by
both that imprisonment and fine:
(1) The person keeps any 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.
(3) The child obtains access to the firearm and thereafter carries
that firearm off-premises to any public or private preschool,
elementary school, middle school, high school, or to any
school-sponsored event, activity, or performance, whether occurring
on school grounds or elsewhere.
(c) A pistol, revolver, or other firearm capable of being
concealed upon the person that a child gains access to and carries
off-premises in violation of this section shall be deemed "used in
the commission of any misdemeanor as provided in this code or any
felony" for the purpose of Section 29300 regarding the authority to
confiscate firearms and other deadly weapons as a nuisance.
(d) As used in this section, "off-premises" means premises other
than the premises where the firearm was stored.

25205. Section 25200 does not apply if any of the following are
true:
(a) The child obtains the firearm as a result of an illegal entry
into any premises by any person.
(b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(c) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
(d) The firearm is carried on the person within close enough range
that the individual can readily retrieve and use the firearm as if
carried on the person.
(e) The person is a peace officer or a member of the Armed Forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
(f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
(g) The person who keeps a firearm has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.

25210. If a person who allegedly violated Section 25200 is the
parent or guardian of a child who is injured or who dies as the
result of an accidental shooting, the district attorney shall
consider, among other factors, the impact of the injury or death on
the person alleged to have violated Section 25200 when deciding
whether to prosecute the alleged violation. It is the Legislature's
intent that a parent or guardian of a child who is injured or who
dies as the result of an accidental shooting shall be prosecuted only
in those instances in which the parent or guardian behaved in a
grossly negligent manner or where similarly egregious circumstances
exist. This section shall not otherwise restrict, in any manner, the
factors that a district attorney may consider when deciding whether
to prosecute alleged violations of Section 25200.

25215. (a) If a person who allegedly violated Section 25200 is the
parent or guardian of a child who was injured or who died as the
result of an accidental shooting, no arrest of the person for the
alleged violation of Section 25200 shall occur until at least seven
days after the date upon which the accidental shooting occurred.
(b) In addition to the limitation contained in subdivision (a),
before arresting a person for a violation of Section 25200, a law
enforcement officer shall consider the health status of a child who
suffers great bodily injury as the result of an accidental shooting,
if the person to be arrested is the parent or guardian of the injured
child. The intent of this section is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously
injured child while the child remains on life-support equipment or is
in a similarly critical medical condition.

25220. (a) The fact that the person who allegedly violated Section
25200 attended a firearm safety training course prior to the purchase
of the firearm that is obtained by a child in violation of Section
25200 shall be considered a mitigating factor by a district attorney
when deciding whether to prosecute the alleged violation.
(b) In any action or trial commenced under Section 25200, the fact
that the person who allegedly violated Section 25200 attended a
firearm safety training course prior to the purchase of the firearm
that was obtained by a child in violation of Section 25200 is
admissible.

25225. Every person licensed under Sections 26700 to 26915,
inclusive, shall post within the licensed premises the notice
required by Section 26835, disclosing the duty imposed by this
chapter upon any person who keeps any firearm.