STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
PAGE 7 of 14 BOF 4012 (Rev. 08/2020)
CALIFORNIA DEPARTMENT OF JUSTICE
BUREAU OF FIREARMS
STANDARD INITIAL AND RENEWAL APPLICATION
FOR LICENSE TO CARRY A CONCEALED WEAPON
Section 5 - Applicable California Penal Code Sections - Continued
(b) Except as provided in Section 25105, a person commits the crime of "criminal storage of a firearm of the second degree"
if all of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that are under the person's custody or control.
(2) 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.
(3) The child obtains access to the firearm and thereby causes injury, other than great bodily injury, to the child or any
other person, or carries the firearm either to a public place or in violation of Section 417.
Penal Code section 25105 - Exceptions
Section 25100 does not apply whenever any of the following occurs:
(a) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(c) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and
use the firearm as if carried on the person.
(d) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(e) The person is a peace officer or a member of the Armed Forces or the National Guard and the child obtains the firearm
during, or incidental to, the performance of the person's duties.
(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense for defense of another person.
(g) The person who keeps a loaded firearm on any premise that is under the person's custody or control has no reasonable
expectation, based on objective facts and circumstances, that a child is likely to be present on the premise.
Penal Code section 25200 - Storage of Firearm where Child Obtains Access and Carries Firearm Off-Premises
(a) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding
one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine:
(1) The person keeps a pistol, revolver, or other firearm capable of being concealed upon the person, loaded or
unloaded, within any premises that are under the person's custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to that firearm without the
permission of the child's parent or legal guardian.
(3) The child obtains access to that firearm and thereafter carries that firearm off-premises.
(b) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding
one year, by a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine:
(1) The person keeps any firearm within any premises that are under the person's custody or control.
(2) The person knows or reasonably should know that a child is likely gain access to the firearm without the permission
of the child's parent or legal guardian.
(3) The child obtains access to the firearm and thereafter carries that firearm off-premises to any public or private
preschool, elementary school, middle school, high school, or to any school-sponsored event, activity, or performance,
whether occurring on school grounds or elsewhere.
(c) A pistol, revolver, or other firearm capable of being concealed upon the person that a child gains access to and carries
off-premises in violation of this section shall be deemed "used in the commission of any misdemeanor as provided in this
code or any felony" for the purpose of Section 29300 regarding the authority to confiscate firearms and other deadly
weapons as a nuisance.
(d) As used in this section, "off-premises" means premises other than the premises where the firearm was stored.
Penal Code section 25205 - Exceptions
Section 25200 does not apply if any of the following are true:
(a) The child obtains the firearm as a result of an illegal entry into any premises by any person.
(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(c) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(d) The firearm is carried on the person within close enough range that the individual can readily retrieve and use the firearm
as if carried on the person.
(e) The person is a peace officer or a member of the Armed Forces or National Guard and the child obtains the firearm
during, or incidental to, the performance of the person's duties.
(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(g) The person who keeps a firearm has no reasonable expectation, based on objective facts and circumstances, that a child
is likely to be present on the premises.