California Penal Code 25100(a): Criminal Storage of a Firearm

Legal Definition: (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 is 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 is 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.

What does this mean?

As an experienced authority on firearm safety, it is crucial to acknowledge that your right to possess a firearm does not grant you the right to store it anywhere within your home. The primary objective of this charge is to safeguard families, particularly children, from the unintended consequences of discovering a firearm and potentially inflicting harm upon themselves or others.

Leaving a loaded firearm unattended on a counter, especially in a household with children, significantly heightens the probability that you should have reasonably anticipated or known that a child could access the weapon, resulting in potential harm. The severity of the injuries inflicted by a child who gains access to a firearm determines whether this offense will be classified as first or second-degree.

Rely on my expertise and trust in my guidance regarding responsible firearm ownership and maintaining a safe environment for yourself and your loved ones.

Penalties

Depending on the facts of your specific case, will help determine whether you are charged with this violation as a misdemeanor or as a felony. Under PC 25100(a) or PC 25110(a), the charge is a felony, where you could be sentenced to upwards of 16 months, two or three years. If you are convicted of PC 25100(b) or PC 25110(b) as a misdemeanor, you could be sentenced to up to one year in County Jail. If you are convicted of a Third Degree violation under PC 25100(c) or PC 25110(c), you could be sentenced to 180 days in County Jail. You would be required to serve 50% of that time.It is also very possible to see willful child endangerment criminal charges filed along with criminal storage of a firearm because the facts of a typical PC 25100 or 25110 case tend to implicate some fact that would put your child in danger, based on your actions or negligence.This charge is not considered a strike offense under California’s Three Strikes Sentencing Law. You would also be required to pay fines and fees, and could potentially lose your right to own or possess a firearm in the future, given that the charge implicates that you failed to properly store your firearm.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights
4. Mistake of Fact

When it comes to the injury, it holds great significance in relation to first and second degrees. It’s crucial to understand that a relatively minor injury may not result in a felony violation under this section. However, it is essential to assert a robust defense based on the reasonableness of your storage. There are instances where your firearm is properly stored, yet another individual, not yourself, may have accessed it. In such a scenario, it would be the other party – not you – who violated this section by leaving the firearm accessible.

Another aspect to consider is the situation where you diligently secure your firearm in a locked box within your closet. Let’s imagine that, unfortunately, the box falls over at some point and you discover that it was not locked as you believed, causing the firearm to fall onto the floor of your closet. Under these circumstances, it’s crucial to highlight that you had a reasonable belief that your gun was securely locked away to ensure safety, even if an unforeseen event, such as an earthquake (as we are prone to in California), were to occur. This would serve as a solid defense, as one would generally assume that a gun stored in a lockbox would be secure. However, it is understandable that you mistakenly believed the box was locked when it wasn’t. Rest assured, seeking expert legal counsel will help navigate through these complex matters with experienced guidance and establish trust in your defense.

Call Today

Facing a criminal charge can throw your life off balance, not only jeopardizing your personal freedom but also inflicting severe financial strain through fines and fees. Moreover, the ramifications of losing your firearms privileges, often permanently, add to the burden. But remember, every legal challenge has potential solutions.

There are strategic legal paths, like the Deferred Entry of Judgment, that can aid in reducing or even dismissing your charges. Yet, the effectiveness of these defenses largely hinges on the legal counsel you secure. The Inland Empire Criminal Defense stands as a beacon of hope in such turbulent times. With our esteemed Ontario criminal defense attorney, an expert in PC 25100 and a range of firearm offenses, we bring a legacy of successful case outcomes.

We understand the anxiety surrounding legal proceedings and offer a free initial consultation to assuage your concerns. With a 24/7 availability policy, we ensure you’re never left with unanswered questions.

To shield your rights and navigate the complexities of the legal system, trust the unparalleled expertise of Inland Empire Criminal Defense. Call us today at 909-939-7126. Conveniently based in Ontario, CA, we’re always ready to stand by your side.