Residents of Los Angeles County may soon be subject to additional gun regulations under a local ordinance that would require handguns to be stored at home in one of two specific ways. While proponents of the measure say it will protect citizens from gun violence, opponents of the potential ordinance say the new rules simply serve as tools for disarming lawful gun owners.
The potential new law would require that all handguns be disabled with a trigger lock or stored in a locked container unless the gun is on your person or under your control.1 Though law enforcement would not conduct compliance checks, if a handgun is unsecured in a home and police officers are summoned to that home for some reason, the gun owner could face charges. In fact, if the proposal becomes law, anyone who is found in violation could face misdemeanor charges that carry up to six months in county jail and a fine of up to $1,000.
The measure is similar to a San Francisco ordinance under which no gun owner has been prosecuted, but one that has been challenged in court. This proposed law would be in effect within all cities in Los Angeles County. Be aware that California currently has a separate law for improper storage of a weapon.
California Felony Gun Storage Laws (PC 25100)
California has strict gun storage laws if violated. California Penal Code Section 25100 says that if a child or an individual who is prohibited from possessing a firearm gains access to your firearm and carries that firearm into a public place or inflicts injury to themselves or others with that firearm, you could face felony charges for “criminal storage of a firearm.”
If a child obtains the gun and causes death or great bodily injury to him or herself or another person, you could be charged with first degree criminal storage of a firearm. This offense carries a punishment of:
- 16 months, 2 or 3 years in state prison and a fine of up to $10,000; or
- Up to one year in county jail and a fine of up to $1,000
If the child obtains the gun and causes injury other than great bodily injury, you could be charged with criminal storage of a firearm in the second degree. This offense carries a punishment of:
- Up to one year in county jail and a fine of up to $1,000
You could be charged with third degree criminal storage of a firearm if you negligently store or leave a loaded firearm where a child could gain access to it. This offense is punishable as a misdemeanor and carries a sentence of up to six months in jail and a fine of up to $1,000.
Contact Wallin & Klarich if You Have Been Charged with Gun Storage Violations
If you or a loved one has been charged with unlawful storage of a firearm, it is crucial that you contact a Wallin & Klarich criminal defense attorney immediately. Wallin & Klarich has been successfully defending those facing criminal firearm charges for over 30 years. We will analyze the facts of your case and plan a defense strategy that will help you get the very best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a skilled Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.
1. [http://clkrep.lacity.org/onlinedocs/2014/14-1553_misc_06-18-2015.pdf ]↩