PC 25100:
Criminal Storage and Child Access Prevention

California Penal Code Section 25100 ^[1] is California's criminal storage statute governing liability for firearm owners when a child gains -- or could gain -- access to an improperly stored firearm. Senate Bill 53 (2023-2024 Session) ^[2] rewrote the statute effective January 1, 2026, adding a new third-degree offense and eliminating the prior "reasonable action" affirmative defense.

Three Degrees of Criminal Storage

First Degree (PC 25100(a))

A person commits criminal storage of a firearm in the first degree when:

• The person keeps a firearm within premises under their custody or control
• The person knows or reasonably should know that a child (person under 18) is likely to gain access to the firearm without the permission of the child's parent or legal guardian
• A child obtains access to the firearm and causes death or great bodily injury to themselves or another person

Penalty: First-degree criminal storage is a wobbler. As a misdemeanor, it is punishable by up to one year in county jail and/or a fine of up to $1,000. As a felony, it is punishable by imprisonment in county jail for 16 months, two years, or three years, and/or a fine of up to $10,000.

Second Degree (PC 25100(b))

A person commits criminal storage of a firearm in the second degree when the same first two elements are met, but the child's access results in:

• Injury other than great bodily injury to the child or another person
• The child carries the firearm to a public place or to a public or private school
• The child brandishes or displays the firearm in violation of Penal Code Section 417

Penalty: Second-degree criminal storage is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000.

Third Degree (PC 25100(c)) -- Added by SB 53, Effective January 1, 2026

A person commits criminal storage of a firearm in the third degree when:

• The person keeps a firearm within premises under their custody or control
• The person negligently stores or leaves a firearm in a location where the 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

This offense requires no actual access by the child. The negligent act of storage itself is the violation. A firearm left unsecured in a location where a child might access it satisfies all elements, even if no child actually touches it.

Penalty: Third-degree criminal storage is a misdemeanor for all violations. (PC 25110(c).) PC 25110(c) prescribes no specific term, so the PC 19 default misdemeanor penalty applies: up to six months in county jail and/or a fine of up to $1,000. There is no infraction tier for this offense. Note: A separate infraction applies to first-time violations of the residential storage requirement under PC 25135 -- that provision should not be confused with the third-degree offense here.

Elimination of the "Reasonable Action" Defense

Prior to January 1, 2026, the statute contained a third-tier provision that could be avoided by showing the person took "reasonable action to secure the firearm against access by the child." SB 53 repealed that version and replaced it with the third-degree offense described above. The "reasonable action" language no longer appears in the statute. Only the specific exemptions enumerated in PC 25105 provide a defense.

Exemptions (PC 25105)

Penal Code Section 25105 ^[3] provides the following exemptions from liability under PC 25100:

• Illegal entry: The child obtains the firearm as a result of an illegal entry to the premises by any person
• Secure storage: The firearm is kept in a locked container (PC 16850) or disabled with a DOJ-approved firearm safety device -- a firearm is securely stored if maintained within, locked by, or disabled using a certified safety device or secure gun safe meeting DOJ standards (PC 25145)
• Owner control: The firearm is being carried on the person of the lawful owner or another authorized user, or is within close enough proximity that the owner or authorized user can readily retrieve and use it
• Law enforcement or military: The person is a peace officer or armed forces member and the child obtains the firearm during official duties or an emergency
• Lawful self-defense: The child obtains the firearm and uses it in a lawful act of self-defense or defense of another person

Relationship to PC 25135

SB 53 also enacted Penal Code Section 25135 ^[4], which requires that any firearm not being carried or within immediate control must be securely stored when in a residence -- regardless of whether a child is present. The two statutes overlap but are distinct:

• PC 25135: universal residential storage requirement (applies whether or not a child is present)
• PC 25100(c): negligent storage where a child may gain access (requires child-access risk)
• PC 25100(a) and (b): require actual child access and specific harm outcomes

Compliance

To avoid liability under PC 25100 and PC 25135, keep any firearm not in your immediate possession stored in a locked container (PC 16850) or secured with an approved firearm safety device. Simply placing a firearm on a high shelf, in a drawer, or in an unlocked room that a child can access is not sufficient under the post-SB 53 statute.