California Penal Code Section 25135[1] was enacted through Senate Bill 53 (Chapter 542, Statutes of 2024)[2] and represents a significant expansion of California's firearms storage requirements. Unlike the existing child access prevention law (PC 25100), which applies only when a child might gain access, PC 25135 requires secure storage of all residential firearms at all times when they are not in the owner's immediate control.
Storage Requirements
PC 25135(a) requires that, except as otherwise provided, a person shall, when a firearm is not being carried on their person or is not within close enough proximity that the person can readily retrieve and use the firearm, store the firearm in one of the following ways:
- In a locked container as defined in PC 16850
- Disabled by a firearm safety device listed on the California DOJ's roster of approved devices
- Locked in a gun safe that meets the Department of Justice standards
What Constitutes "Close Enough Proximity"
The statute uses the phrase "close enough proximity that the person can readily retrieve and use the firearm" but does not define a specific distance. This language is intended to permit a person to have an unlocked firearm within arm's reach while at home but requires that the firearm be secured when the person steps away, leaves the room, or is asleep. The exact boundaries of this standard will likely be developed through case law.
Effective Date
PC 25135 took effect on January 1, 2026. Firearm owners had about fifteen months from the bill's signing in September 2024 to come into compliance with the new storage requirements.
Penalties
A first violation of PC 25135 is a misdemeanor[3]. A second or subsequent violation is a misdemeanor. If a violation results in a prohibited person, minor, or person who is at risk of harming themselves or others gaining access to the unsecured firearm, the penalties may be enhanced.
Exemptions
PC 25135 provides exemptions for:
- Law enforcement officers
- Persons who reasonably believe they are in imminent danger and require immediate access to a firearm for self-defense
- Licensed firearms dealers in the course of their business operations
- Persons who live alone and have no reasonable expectation that a minor, prohibited person, or person at risk will enter the residence
Sources
[1] California Legislature. Penal Code Section 25135
Part 6, Title 4, Section 25135
[3] California Legislature. Penal Code Section 25135 (penalties)
Part 6, Title 4, Section 25135