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F 18.62 n1  Improper Storage Of Firearms/Child Access. 

Effective 1/1/98, it is now illegal to improperly store loaded or unloaded handguns or other weapons capable of being concealed on the person.  However, both PC 12035 and PC 12036 state that the Legislative intent of both sections is that “a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent behaved in a grossly negligent manner or where similarly egregious circumstances exist.” (Emphasis added.  PC 12035(e); PC 12036(e).)


F 18.62 n2  Criminal Storage Of Firearms: Definition Of “Child.”

Effective January 1, 2002, PC 12035 and PC 12036 have been amended to define “child,” for the purposes of those sections, to mean a person “under the age of 18 years of age.”  Additionally, new PC 12036(c) makes it a misdemeanor if a person who keeps a firearm in any premises under his or her custody and 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 guardian and the child takes the firearm to a school or school-sponsored activity, as specified.  (Stats. 2001, Ch. 126 (SB 9).)

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