Bill to Require Gun Owners to Have DOJ Approved Safes Passes Senate

A bill to require gun owners to have a Department of Justice approved safe or lockbox to keep or store a firearm in a residence was passed by the Senate on Monday, moving the legislation to committees in the Assembly.

Senate Bill 53, authored by Senator Anthony Portantino (D-Burbank) would specifically prohibit a person from keeping or storing a firearm in a residence owned or controlled by that person unless the firearm is stored in a locked box or safe that is listed on the Department of Justice’s list of approved firearms safety devices and is properly engaged so as to render it inaccessible by any person other than the owner. SB 53 would also make a first violation of this offense punishable as an infraction, and a second or subsequent violation punishable as a misdemeanor.

The bill would exempt firearms that are permanently inoperable from these provisions and would require the Department of Justice to promptly engage in a public awareness and education campaign to inform residents about these standards for storage of firearms. According to SB 53, the bill would additionally prohibit a person convicted under these provisions from owning, purchasing, receiving, or possessing a firearm within one year of the conviction. The bill would make a violation of this provision punishable as a misdemeanor or felony.

Should SB 53 be signed into law, it would go into effect beginning in July 2025.

Senator Portantino wrote the bill primarily with safety in mind as well as an extension to his previous firearm storage bill from 2019, SB 172. In a statement on Monday, Portantino said that SB 53 would create barriers to suicide, unintentional shootings, and theft. He also claimed that states that have safe storage laws have seen a 78 percent drop in unintentional shootings committed by children compared to states that do not have safe storage laws in place.

“Safe storage is proven to reduce firearm injuries and I’m pleased to be tightening California’s existing law,” stated Senator Portantino. “Safely storing your firearm is commonsense public safety policy and should not be partisan. SB 53 ensures that a firearm is stored in a manner that will prevent unintentional firearm injuries, protect Californians in the home, and deter violence in public. It will unequivocally save lives.”

SB 53 passes the Senate

Fellow Democrats in the legislature, as well as gun control groups, joined Portantino in support of the bill, helping carry it through Senate committees throughout the month, as well as finally through the Senate itself on Monday.

“When guns end up in the wrong hands – whether it be by a child, a person in crisis, or a thief – tragedy is on the horizon. All too often unsecured firearms are to blame for mass shootings, homicides, unintentional shootings, and firearm suicides,” said Brady Campaign President Kris Brown. “Safe storage can prevent these tragedies before they strike. California has long been a leader in gun violence prevention, and SB 53 will take the Golden State one step further by ensuring that all gun owners safely store their firearms. Brady is grateful to Senator Portantino for his unwavering commitment to freeing California from gun violence.”

While there has been significant support for the bill, opposition against the bill has been steady, with GOP lawmakers in opposition. While their opposition may not stop the bill from being passing in the Assembly or signed by Governor Gavin Newsom, lawsuits and other political action could trip up SB 53 from being made fully into law.

“The vast majority of gunowners already take protective measures by keeping guns out of reach, or by having those lockboxes, or putting some sort of locking mechanisms on them,” said Lucas Schmidt, a pollster who focuses on constitutional issues, including second amendment rights, to the Globe on Monday. “When it comes to guns, bills like this also don’t worry people too much. We’ve found out that most gunowners have their own safety preferences. You know, some are worried about a robbery, need to protect livestock, or generally just want protection. They aren’t going to keep their gun locked up all the time like this bill wants. And it will be so easy to get around. The only way this can really be enforced is when someone physically enters your house to look for this issue, and even then, you can throw it in a safe or claim the gun is out for cleaning or some other excuse.”

“This is just an attention seeking bill. All this bill does is make gun owners mad at more attempted restrictions, even though the restrictions won’t do anything. The wording of the bill, as well as the multitude of legitimate reasons someone can have a gun out, kind of makes this a moot bill. Maybe during a police search they can use the law to tack on a charge to someone. That’s about it.”

“A better bill would have more focus on storage and safety in the license test or greatly expand the number of safety options. Or maybe just limit it to if children are in the house. But no, this is a huge broad bill. This is just an attention bill.”

SB 53 is expected to be heard next in Assembly Committees.