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. Violations are misdemeanors, but the charge escalates to a wobbler (prosecutable as either a misdemeanor or felony) if the child causes great bodily injury or death.
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] This includes gun safes, lockboxes, and locked hard-sided cases. 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 kept in a locked container or locked with a locking device
- The firearm was carried on the person or within close enough proximity that the person could readily retrieve and use it
- 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 Now Superseded
Both San Francisco and Los Angeles previously enacted local safe storage ordinances that exceeded state requirements. With SB 53's universal storage mandate now in effect, these local ordinances are largely superseded by state law. The state requirement is at least as strict as the local versions: all firearms must be secured when not carried or readily controlled, in every residence, regardless of household composition.
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