Transcription
Hello and welcome to California Gun Law. I'm your host, Don Hammond.
We're still waiting to hear from the Supreme Court whether they'll take the Duncan magazine case. They redistributed it again for conference on Friday, January 16th. So maybe we'll hear something next week.
Also, I just got off the phone with William Kirk of Washington Gun Law, and we're planning to meet up at Shot Show in Vegas next week for a collaboration. So, look out for that. I'll also be on the Gunslinger Radio program on AM870 this Sunday night at 7 PM.
But it's a new year and that means new laws. A new gun storage law took effect January 1st, 2026. So, let's take a look at the new firearm storage requirements, the penalties for ignoring them, and the practical impact.
I'm a licensed California attorney and a shooting instructor. I regularly help teach the 16-hour class that's required to get a concealed carry license in California. On this program, we provide education on California's complicated web of gun laws so that responsible gun owners like you can better understand how to lawfully exercise their rights. California has a complicated web of firearms laws and regulations, and there are lots of traps for the unwary. We want to help you do it right so that you won't need our criminal defense legal services.
Today, we're going to take a deeper dive into California's brand new shiny gun storage laws. This new law took effect on January 1st, 2026 after being passed back in 2024 as Assembly Bill 53. The new laws apply to storing firearms in any quote residence. Of course, residence is broadly defined in Penal Code section 17060 to include any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, motel, hotels, time shares, and recreation or other vehicles where human habitation occurs.
The main action of the new law is in amendments to Punal code sections 25100 and 251 145. Section 25100 defines three different degrees of a crime called criminal storage of a firearm. It is first-degree criminal storage of a firearm. If you store a gun within any premises under your custody or control, you know or reasonably should know that a child or prohibited person is likely to gain unauthorized access to that firearm. And that child or prohibited person actually obtains access to the firearm and thereby causes death or great bodily injury to themselves or another person. That's a felony for storing them in a way the person got access.
It is second-deree criminal storage of a firearm. If a child or prohibited person obtains the firearm and causes injury other than death or great bodily injury, that version of criminal sergeant firearm is a misdemeanor with a maximum penalty of one year in county jail. And even if no child or prohibited person actually gains access to the firearm, but the firearm owner knows or reasonably should know that a child is likely to gain access to the firearm, then it's still thirdderee criminal storage of a firearm, which is still a misdemeanor with a maximum penalty of 180 days in jail.
There are a number of exceptions to these requirements in Penal Code section 25105, some of which have been eliminated as of January 1st, 2026. So, look out for those if you fell under one of the exceptions before. One that is particularly interesting to me was in subsection G where the person in possession of the firearm had no reasonable expectation that a child is likely to be present on the premises. That exception has now been eliminated.
The only real exception to liability now is if the guns are stored in compliance with section 25145. So even if no child or prohibited person is likely to gain access, gun owners are now required to store their firearms in accordance with Penal Code section 25145. That section requires any guns that are not in your immediate control must be securely stored by either a certified firearm safety device or a secure gun safe. Both of those terms now have specific legal definitions.
A certified firearm safety device means any firearm safety device or gun safe that is listed on the Department of Justice's roster of tested and approved firearm safety devices. For most pistols, that means those long fabled padlocks that you get when you buy a new gun. There are also some trigger locks on the list. DOJ's website allows you to search by firearm model to find a safety device that is on their roster. However, several of the guns that I own are not on the DOJ's list. So, I'm not sure how helpful their list actually is.
Anyway, a secured gun safe means any gun safe that meets the specific standards listed in 23650 of the Penal Code. That section doesn't actually list specific standards, but requires the DOJ to implement regulations to prevent harm from unauthorized or unintentional use of firearms. The DOJ has now listed those standards at oag.ca.gov/firearms/gunsafe. The regulations govern the thickness of the steel walls of the safe and other aspects of its design to prevent unauthorized access. even if there's nobody around to access them.
Failure to secure any guns that you're not carrying or readily controlling is now an infraction punishable by a fine of up to $250 with a second offense fine going up to $500. And a third offense becomes a misdemeanor, which would be punishable by up to six months in county jail.
Some people might question how anyone will ever get caught since the police can't just come into our homes and look at how we store our guns. You know that pesky little thing called the Fourth Amendment to the United States Constitution. However, I can assure you people find all kinds of ways to get caught for things. My clients manage to get caught in ways that I never would have imagined. That's part of why I have so much fun doing what I do.
Let us know in the comments how you plan to store your guns. Quick access saves with fingerprint locks or digital combos are pretty popular. Other people don't want to use anything with a battery that might die. Or you might set your batteries to be changed on a regular schedule, like two or three times a year. Trigger locks are pretty slow to remove if you actually need the gun. And I'm sure some people will just claim that the gun is always within their ready control so they don't have to store it under any kind of a lock or safety device, but that becomes a tough argument if you have several guns laying around throughout the house. So let us know in the comments your thoughts.
And don't forget to watch out for my upcoming collaboration with William Kirk of Washington Gun Law next week. and tune in to Gunslinger Radio on AM870 this Sunday night, January 18th at 700 p.m. And head on over to cag gun.law for legal updates and to pick up some merch to support the cause. I'm Don Hammond of California Gun Law and we'll catch you all next time. Stay informed, stay legal, stay safe.