Understanding Firearm Storage Laws in California

California has strict firearm storage laws designed to prevent unauthorized access, particularly by children, felons, and other prohibited individuals. Under Penal Code 25100 PC, a gun owner may face criminal charges if a firearm is stored in a way that allows an unauthorized person to access it.

Who is Considered a “Prohibited Person”?

Under California law, certain individuals cannot legally possess a firearm. If a gun owner stores a firearm negligently and a prohibited person gains access, they may be charged under PC 25100. Prohibited individuals include:

• Minors under 18 years old (unless under direct parental supervision for legal firearm use)
• Convicted felons
• Individuals with domestic violence restraining orders
• People with certain mental health conditions that prohibit firearm ownership

What Qualifies as Negligent Firearm Storage in California?

Negligent firearm storage occurs when a gun is left unsecured and accessible to a minor or prohibited person. Examples include:

• Keeping a loaded and unlocked firearm in a location easily accessible to unauthorized individuals.
• Storing a firearm in an unsecured location, such as under a bed, in an unlocked drawer, or without a trigger lock.
• Failing to use a gun safe, lockbox, or other secure storage methods to prevent unauthorized access.

Simply storing a firearm negligently does not automatically result in criminal charges—Penal Code 25100 PC applies only when a minor or prohibited person gains access to the firearm.

When Does Negligent Firearm Storage Become a Crime?

Not all cases of firearm storage violations result in criminal charges. Penal Code 25100 PC applies when a firearm is stored negligently, leading to unauthorized access by a child or prohibited person. The severity of the charge depends on whether the firearm was loaded and what happened after it was accessed.

First-Degree Criminal Storage of a Firearm

A gun owner can be charged with first-degree criminal storage of a firearm if:

• A loaded firearm was kept within their home, vehicle, or any place under their control.
• They knew or should have known that a child was likely to access the firearm without permission.
• The child used the firearm, causing death or great bodily injury to themselves or another person.

Second-Degree Criminal Storage of a Firearm

• A firearm was stored negligently, and a child or prohibited person gained access.
• The person did not cause death or great bodily injury, but still accessed or used the firearm.

Even though this offense does not involve serious injury or death, it is still a criminal charge and can lead to misdemeanor penalties.

Can You Be Charged If No One Was Harmed?

Yes, criminal firearm storage charges can still apply even if no injuries occur. If a child or prohibited person gains access to the gun due to unsafe storage, you may still face misdemeanor charges.

What Are the Penalties for Criminal Storage of a Firearm in California?

First-Degree Criminal Storage of a Firearm (PC 25100(a))

If a child or prohibited person gains access to a negligently stored, loaded firearm and causes death or great bodily injury, the offense is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

• Misdemeanor Penalties

  • Up to one year in county jail
  • A fine of up to $1,000
  • Possible probation

• Felony Penalties

  • 16 months, two years, or three years in state prison
  • A fine of up to $10,000
  • Loss of firearm ownership rights

Second-Degree Criminal Storage of a Firearm (PC 25100(b))

If a child or prohibited person gains access to the firearm but does not cause serious injury or death, the charge is typically a misdemeanor.

• Up to one year in county jail
• A fine of up to $1,000
• Possible probation and community service

Additional Consequences

• Loss of gun ownership rights
• A permanent criminal record
• Civil liability if the firearm injury leads to a lawsuit

How to Fight Criminal Storage of a Firearm Charges (PC 25100)

You Took Reasonable Steps to Secure the Firearm

Even if the firearm was accessed, you may be able to argue that you took reasonable precautions to store it safely. If you used a trigger lock, gun safe, or another security measure, but the firearm was accessed through unexpected circumstances, this could help mitigate the charges.

The Firearm Was Accessed Through Illegal Means

If someone broke into your home or vehicle and obtained the firearm, you may not be held fully responsible under Penal Code 25105. The law provides exceptions when the firearm was accessed through burglary, theft, or other unlawful entry.

You Were Unaware the Firearm Was in a Reachable Location

If the firearm was moved by another person (such as a family member) or left unsecured due to an honest mistake, this could help reduce the severity of the charges. The prosecution must prove that you knowingly stored the firearm negligently.

You Had No Reason to Believe a Child or Prohibited Person Would Access the Firearm

If the person who accessed the firearm was not regularly present in your home or had no known history of handling firearms, you may be able to argue that you had no reasonable expectation that they would gain access.

Negotiating a Lesser Charge or Alternative Sentencing

Even if the prosecution has strong evidence, an attorney can negotiate with the court to reduce the charge to a lesser offense or seek alternative sentencing such as:

• Firearm safety courses instead of jail time
• Community service in place of a conviction
• Informal probation to avoid a permanent criminal record

Contact a Los Angeles Criminal Defense Attorney

A conviction for negligent firearm storage can lead to fines, probation, or even jail time, and it may affect your gun ownership rights. If you are facing charges under Penal Code 25100 PC, it is critical to have an experienced attorney on your side who understands California’s firearm laws and knows how to fight these charges.

With over 20 years of experience, Attorney Hashemi has successfully defended clients facing firearm-related charges, weapons offenses, and other criminal cases in Los Angeles. He carefully examines each case, challenges weak evidence, and aggressively fights for the best possible outcome.

If you have been accused of negligent firearm storage, don’t wait to build your defense. Schedule a free consultation today with a Los Angeles criminal defense attorney to discuss your case and explore your legal options.

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