California 2017-2018 Regular Session

California Senate Bill SB497 Compare Versions

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1		-	Senate Bill No. ~~497 CHAPTER 809~~ An act to amend Section 25140 of the Penal Code, relating to firearms. ~~[ Approved by Governor October 14, 2017. Filed with Secretary of State October 14, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 497, Portantino. Firearms.Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms trunk and plain view for purposes of these provisions.By changing the definition of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25140 of the Penal Code is amended to read: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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
	1	+	Enrolled September 20, 2017 Passed IN Senate September 15, 2017 Passed IN Assembly September 13, 2017 Amended IN Assembly September 05, 2017 Amended IN Assembly June 19, 2017 Amended IN Senate April 24, 2017 Amended IN Senate March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 497Introduced by Senator Portantino(Coauthor: Assembly Member Gipson)February 16, 2017 An act to amend Section 25140 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTSB 497, Portantino. Firearms.Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms trunk and plain view for purposes of these provisions.By changing the definition of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25140 of the Penal Code is amended to read: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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
2	2
3		-	Senate Bill No. 497 CHAPTER 809 An act to amend Section 25140 of the Penal Code, relating to firearms. [ Approved by Governor October 14, 2017. Filed with Secretary of State October 14, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 497, Portantino. Firearms.Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms trunk and plain view for purposes of these provisions.By changing the definition of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	3	+	Enrolled September 20, 2017 Passed IN Senate September 15, 2017 Passed IN Assembly September 13, 2017 Amended IN Assembly September 05, 2017 Amended IN Assembly June 19, 2017 Amended IN Senate April 24, 2017 Amended IN Senate March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 497Introduced by Senator Portantino(Coauthor: Assembly Member Gipson)February 16, 2017 An act to amend Section 25140 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTSB 497, Portantino. Firearms.Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms trunk and plain view for purposes of these provisions.By changing the definition of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	4	+
	5	+	Enrolled September 20, 2017 Passed IN Senate September 15, 2017 Passed IN Assembly September 13, 2017 Amended IN Assembly September 05, 2017 Amended IN Assembly June 19, 2017 Amended IN Senate April 24, 2017 Amended IN Senate March 20, 2017
	6	+
	7	+	Enrolled September 20, 2017
	8	+	Passed IN Senate September 15, 2017
	9	+	Passed IN Assembly September 13, 2017
	10	+	Amended IN Assembly September 05, 2017
	11	+	Amended IN Assembly June 19, 2017
	12	+	Amended IN Senate April 24, 2017
	13	+	Amended IN Senate March 20, 2017
	14	+
	15	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	17		Senate Bill No. 497
6		-	CHAPTER 809
	18	+
	19	+	Introduced by Senator Portantino(Coauthor: Assembly Member Gipson)February 16, 2017
	20	+
	21	+	Introduced by Senator Portantino(Coauthor: Assembly Member Gipson)
	22	+	February 16, 2017
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8	24		An act to amend Section 25140 of the Penal Code, relating to firearms.
9		-
10		-	[ Approved by Governor October 14, 2017. Filed with Secretary of State October 14, 2017. ]
11	25
12	26		LEGISLATIVE COUNSEL'S DIGEST
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14	28		## LEGISLATIVE COUNSEL'S DIGEST
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16	30		SB 497, Portantino. Firearms.
17	31
18	32		Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms trunk and plain view for purposes of these provisions.By changing the definition of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
19	33
20	34		Existing law requires a person leaving a handgun in an unattended vehicle to secure the handgun in the trunk, in a locked container that is out of plain sight, or in a locked container, as defined, which is permanently affixed to the interior of the vehicle and not in plain view. Existing law makes the failure to comply with this requirement an infraction punishable by a fine.
21	35
22	36		This bill would permit a peace officer, as defined, to store a handgun in the locked center utility console of a vehicle that does not have a trunk, under specified circumstances. The bill would also define the terms trunk and plain view for purposes of these provisions.
23	37
24	38		By changing the definition of an existing crime, this bill would impose a state-mandated local program.
25	39
26	40		The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
27	41
28	42		This bill would provide that no reimbursement is required by this act for a specified reason.
29	43
30	44		## Digest Key
31	45
32	46		## Bill Text
33	47
34	48		The people of the State of California do enact as follows:SECTION 1. Section 25140 of the Penal Code is amended to read: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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
35	49
36	50		The people of the State of California do enact as follows:
37	51
38	52		## The people of the State of California do enact as follows:
39	53
40	54		SECTION 1. Section 25140 of the Penal Code is amended to read: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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.
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42	56		SECTION 1. Section 25140 of the Penal Code is amended to read:
43	57
44	58		### SECTION 1.
45	59
46	60		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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.
47	61
48	62		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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.
49	63
50	64		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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).(d) (1) 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 officers 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 of a 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 of the 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.
51	65
52	66
53	67
54	68		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 vehicles trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicles interior and not in plain view.
55	69
56	70		(b) 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 of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.
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58	72		(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
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60	74		(d) (1) As used in this section, the following definitions shall apply:
61	75
62	76		(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.
63	77
64	78		(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 officers duties, while that officer is on duty or off duty.
65	79
66	80		(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 of a 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.
67	81
68	82		(D) Vehicle has the same meaning as specified in Section 670 of the Vehicle Code.
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70	84		(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.
71	85
72	86		(3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination.
73	87
74	88		(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.
75	89
76	90		(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.
77	91
78	92		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
79	93
80	94		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
81	95
82	96		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
83	97
84	98		### SEC. 2.