Applicable Weapon Laws
A CCW license applicant should be aware of the following California penal codes, as they relate to the storage of firearms. Note that laws pertaining to CCWs and firearms in general are constantly changing so the below statutes should be checked to confirm they are current.
Penal Code Section 26180(a) – Applications for CCW Licenses; False Statements.
(a) knowing that the statements contained therein are false is guilty of a misdemeanor.
(b) Any person who files an application required by subdivision
(c) Any person who knowingly makes a false statement on the application regarding any of the following shall be guilty of a felony:
- The denial or revocation of a license, or the denial of an amendment to a license, issued pursuant to section 26150.
- A criminal conviction.
- A finding of not guilty by reason of insanity.
- The use of a controlled substance.
- A dishonorable discharge from military service.
- A commitment to a mental institution.
- A renunciation of United States citizenship.
Penal Code Section 25105 – Storage of Firearms Accessible to Children.
(a) As used in this section, the following definitions apply:
- "Locking device" means a device that is designed to prevent the firearm from functioning and when applied to the firearm, renders the firearm inoperable.
- "Loaded firearm" has the same meaning as set forth in Section 16840(b).
- "Child" means a person under 18 years of age.
- "Great bodily injury" has the same meaning as set forth in Section 12022.7.
- "Locked container" has the same meaning as set forth in Section 16850.
(b)(1) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she 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 and the child obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the second degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she 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 and the child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of Section 417.
Subdivisions (b) & (c) shall not apply whenever any of the following occurs:
- The child obtains the firearm as a result of an illegal entry to any premises by any person.
- The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
- The firearm is carried on the person or within such a close proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
- The firearm is locked with a locking device that has rendered the firearm inoperable.
- 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.
- The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons.
- The person who keeps a loaded firearm on any premise that is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
Penal Code Section 25200 – Firearms Accessed by Children and Carried Off-premises
(a) As used in this section, the following definitions shall apply:
- "Locking device" means a device that is designed to prevent the firearm from functioning and when applied to the firearm, renders the firearm inoperable.
- "Child" means a person under the age of 18 years.
- "Off-premises" means premises other than the premises where the firearm was stored.
- "Locked container" has the same meaning as set forth in Section 16850.
(b) A person who keeps a pistol, revolver, or other firearm capable of being concealed upon the person, loaded or unloaded, within any premises that are under his or her custody or control and he or she 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 and the child obtains access to that firearm and thereafter carries that firearm off-premises, 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.
(c) A person who keeps any firearm within any premises that is under his or her custody or control and he or she 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 and 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, 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.
(d) 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.
(e) This section shall not apply if any one of the following circumstances exists:
- The child obtains the pistol, revolver, or other firearm capable of being concealed upon the person as a result of an illegal entry into any premises by any person.
- The pistol, revolver, or other firearm capable of being concealed upon the person is kept in a locked container or in a location that a reasonable person would believe to be secure.
- The pistol, revolver, or other firearm capable of being concealed upon the person is locked with a locking device that has rendered the firearm inoperable.
- The pistol, revolver, or other firearm capable of being concealed upon a person is carried on the person within such a close range that the individual can readily retrieve and use the firearm as if carried on the person.
- 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.
- The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons.
- The person who keeps a loaded firearm on any premise that is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.