Criminal Storage Offenses

Criminal Storage Offenses

Criminal storage of firearm of the first degree

Keeping any loaded firearm within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) 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 (Pen Code, § 25100, subd (a) )


Criminal storage of firearm of the second degree

Keeping any loaded firearm within any premises that are Under your custody or control and you know or reasonably should know that a child (any person under 18) 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 Penal Code section 417 (Pen Code, § 25100, subd (b) )


Neither of the criminal storage offenses (first degree, second degree) shall apply whenever the firearm is kept in a locked container or locked with a locking device that has rendered the firearm inoperable (Pen Code, § 25105 )

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