California has the most comprehensive firearms storage requirements in the nation. Effective January 1, 2026, SB 53 requires all firearms owners to securely store their firearms whenever the firearms are not being carried or readily controlled. This universal storage obligation applies to every firearms owner in every residence, regardless of household composition. SB 53 supplements, and significantly expands, the existing child access prevention and residential storage laws.
SB 53: Universal Safe Storage (Penal Code Section 25145)
SB 53, authored by Senator Anthony Portantino and signed by Governor Newsom, added Penal Code Section 25145, which became operative on January 1, 2026.[1] The law requires that any person who possesses a firearm in a residence must keep it securely stored whenever the firearm is not being carried or readily controlled by the owner or another lawful authorized user.
"Securely stored" means the firearm is maintained within, locked by, or disabled using a DOJ-certified firearm safety device or a secure gun safe.
"Readily controlled" means the owner or an authorized user is within close enough proximity to the firearm to readily prevent unauthorized users from gaining access.
Penalties
- First violation: Infraction, fine of up to $250
- Second violation: Infraction, fine of up to $500
- Third and subsequent violations: Misdemeanor
Exemptions
SB 53 does not apply to unloaded antique firearms as defined in 18 U.S.C. Section 921(a)(16), or to firearms that are permanently inoperable.
What This Means in Practice
SB 53 is broader than the previous storage laws in two critical ways. First, it applies regardless of whether children are present in the household. Second, it applies whenever the firearm is not being carried on the person or readily controlled, meaning a firearm left on a nightstand, in an unlocked drawer, or on a shelf is in violation even if the owner is the only person in the home. If you set a firearm down and walk away from it, the firearm must be secured.
Criminal Storage: Penal Code Section 25100
Penal Code Section 25100[2] remains in effect and establishes criminal liability specifically related to child access. A person is liable when they keep a firearm within premises under their custody or control, know or reasonably should know that a child (under 18) is likely to gain access, and the child actually gains access and carries the firearm off-premises, uses it to cause injury or death, brandishes it, or uses it in a crime. First-degree criminal storage, which includes death or great bodily injury caused by a child or prohibited person, may be prosecuted as a misdemeanor or felony. Second-degree and third-degree criminal storage are misdemeanors.
SB 53's universal storage requirement does not replace PC 25100. Instead, they operate in parallel. A person who fails to secure a firearm that a child then accesses may face charges under both SB 53 and PC 25100.
Residential Storage: Penal Code Section 25135
Penal Code Section 25135[3] requires that when a firearm is kept in a residence and the owner or other lawfully authorized user is not in possession of the firearm, it must be stored in a locked container or disabled with a DOJ-approved locking device. This statute applies regardless of whether children are present. SB 53 now overlaps significantly with PC 25135, but both remain on the books.
What Qualifies as a Locked Container
Penal Code Section 16850 defines a "locked container" as a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device.[4] Gun safes, lockboxes and hard-sided cases qualify as locked containers if they meet that definition. For residential storage under Section 25145, the firearm must be maintained within, locked by or disabled using a certified firearm safety device or a secure gun safe. A certified device must be on DOJ’s roster, and a secure gun safe must meet the standards adopted under Section 23650. The glove compartment or utility compartment of a vehicle does not qualify as a locked container for storage purposes.
Safe Harbor Provisions
Section 25100 includes safe harbor defenses where criminal storage liability does not apply:
- The child obtained the firearm as a result of an illegal entry into the premises
- The firearm was maintained within, locked by, or disabled using a certified firearm safety device or a secure gun safe
- The firearm was carried by the lawful owner or another lawful authorized user, or that person was close enough to readily prevent unauthorized users from gaining access
- The person was a peace officer or member of the armed forces and the child obtained the firearm during official duties
Firearms Safety Device Requirement
California Penal Code Section 23635 requires that all firearms sold or transferred by licensed dealers must be accompanied by a DOJ-approved firearms safety device or the purchaser must provide proof of ownership of a DOJ-approved gun safe.[5] The DOJ maintains a list of approved safety devices.
Local Ordinances and State Law
Both San Francisco and Los Angeles previously enacted local safe storage ordinances that exceeded state requirements. SB 53 does not supersede those local ordinances. Section 25145 states that its provisions are cumulative and do not restrict any other law. An act or omission punishable under different provisions may not be punished under more than one provision.
Best Practices
- Use a DOJ-approved locking device or a locked gun safe for all firearms
- Store ammunition separately from firearms when possible
- Ensure all household members understand firearms safety
- Consider a quick-access biometric safe for home defense firearms. These allow fast retrieval while satisfying the storage requirement
- Keep records of your safety devices and gun safe specifications