Safe_Storage_of_Handguns_in_Unattended_Vehicles_Revis.pdf

CHIEF OF DETECTIVES March 19, 2018 NQI.I~E. 8.4 TO: All Sworn Personnel FROM: Chief ofDetectives SUBJECT: SAFE STORAGE OF HANDGUNS IN UNAITENDED VEmCLES REVISED This Notice supersedes Chief of Detectives Notice titled, New and Revised Laws Regarding the Safe Storage ofHandguns in Unattended...

CHIEF OF DETECTIVES March 19, 2018 NQI.I~E. 8.4 TO: All Sworn Personnel FROM: Chief ofDetectives SUBJECT: SAFE STORAGE OF HANDGUNS IN UNAITENDED VEmCLES REVISED This Notice supersedes Chief of Detectives Notice titled, New and Revised Laws Regarding the Safe Storage ofHandguns in Unattended Vehicles, dated December 7, 2016. California Penal Code Section 25140 requires persons, to include peace officers and honorably retired peace officers, to lock a handgun in their vehicle when left unattended. California Penal Code Section 25140 (a) defines locking a handgun in an unattended vehicle by the following means: • • • Locking the handgun in the vehicle's trunk; Locking the handgun in a locked container and place the container out ofplain view; or, Locking the handgun in a locked container that is permanently affixed to the vehicle's interior and not in plain view. Effective January 1, 2018, California Penal Code Section 25140 was revised to allow, "A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if . unable to otherwise comply With subdivision (a), lock the handgun out of plain view within the center utility console ofthat motor vehicle with a padlock, keylock, combination lock, or other similar locking device." Although Penal Code Section 25140 provides an exemption for peace officers during circumstances requiring immediate aid or acti9n within the course oftheir official duties, Department personnel should continue to properly secure :firearms whenever possible. If you have any questions regarding this Notice, please contact the Gun Unit, Gang and Narcotics Division, at (213) 486-5360. APPROVED: SEAN W. MALINOWSKI, Deputy Chief Chiefof Staff . Office of the ChiefofPolice DISTRIBUTION "A" ~ AUTHENTICATED STATE Of CAllFOlLN1A I ... li~~4:r:' _._._. - - - - - - ;<\.:!!A11 _._-~- EUClllOIiIC LEGAL MATElllAl State of CaUfornta PENAL CODE Section 25140 25140. (a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle's trunk, lock the handgun in a locked container and place ~e container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle's interior and not in plain view. (b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, ifunable to otherwise comply with subdivision (a), lock the handgun out ofplain view within the center utility console ofthat motor vehicle with a padlock, keylock, combination lock, or other similar locking device. (c) A violation ofsubdivision (a) is an infractionpunishable by a fine not exceeding one thousand dollars ($1,000). (d) (I) As used in this section, the following definitions shall apply: (A) "Locked container" means a secure container that is fully enclosed and locked. by a padlock, keylock, combination lock, or similar locking device. The term. "locked container" does not include the utility or glove compartment of a motor vehicle. (B) "Peace officer" means a sworn officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer's duties, while that officer is on duty or off duty. (C) "Trunk" means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear ofa hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck. (D) "Vehicle" has the same meaning as specified in Section 670 of the Vehicle Code. (2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents. (3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows ofthe vehicle, including windows that are tinted, with or without illumination. (e) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties. (f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the. ordinance was in effect before September 26,2016. {Amended by Stats. 2017, Ch. 809, Sec. 1. (SB 497) Effective Janwuy 1,2018.)