Mandated review of California Firearm Safety Guidelines
Posted on 09/08/2023

California now mandates that school districts inform and to remind parents and legal
guardians of all students of their responsibilities for
keeping firearms out of the hands of children as required by California law.
We are all aware that nation-wide, there have
been many news reports of children bringing firearms to school campuses. In many instances, the
child obtained the firearm(s) from his or her home.
These incidents can be easily
prevented by storing firearms in a safe and secure manner, including keeping
them locked up when not in use and storing them separately from ammunition.
To help everyone understand their legal responsibilities, you can review here California law regarding the storage of firearms. Please take some time to review this
memorandum and evaluate your own personal practices to assure that you and your
family are in compliance with California law.
- With very limited exceptions, California makes a person criminally liable for
keeping any firearm, loaded or unloaded, within any premises that are under their
custody and control where that 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, and the child obtains access to the firearm and thereby
(1) causes death or injury to the child or any other person; (2) carries the firearm
off the premises or to a public place, including to any preschool or school grades
kindergarten through twelfth grade, or to any school-sponsored event, activity, or
performance; or (3) unlawfully brandishes the firearm to others. (See California Penal Code Sections 25100 through 25125 and 25200 through 25220.)
Note: The criminal penalty may be significantly greater if someone dies or
suffers great bodily injury as a result of the child gaining access to the
firearm.
- With very limited exceptions, California also makes it a crime for a person to
negligently store or leave any firearm, loaded or unloaded, on their premises in a
location where the person knows or reasonably should know that a child is likely
to gain access to it without the permission of the child’s parent or legal guardian, unless reasonable action is taken to secure the firearm against access by the child, even where a minor never actually accesses the firearm (See California Penal Code Section 25100(c)).
- In addition to potential fines and terms of imprisonment, as of January 1, 2020, a
gun owner found criminally liable under these California laws faces prohibitions
from possessing, controlling, owning, receiving, or purchasing a firearm for 10
years. (See California Civil Code Section 29805)
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● Finally, a parent or guardian may also be civilly liable for damages resulting from
the discharge of a firearm by that person’s child or ward (See California Civil Code Section 1714.3).
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Note: Your county or city may have additional restrictions regarding the safe storage of
firearms.
Thank you for helping to keep our children and schools safe. Remember that the
easiest and safest way to comply with the law is to keep firearms in a locked container
or secured with a locking device that renders the firearm inoperable.