Criminal Storage of a Firearm
PC 25100 Law & Defense
The laws on the crime of criminal storage of a firearm can be found at California penal code sections 25100(a) through 25300.
There are several variations of criminal charges associated with storing a firearm. For example, criminal storage of a firearm without injury (no injury resulted from the firearm) is filed under a different degree than criminal storage of a firearm with injury (i.e. first degree, second degree, third degree, etc.). The most common criminal charge for criminal storage of a firearm is found at PC 25100(a). For a full list of criminal storage of a firearm offenses please see bottom of this page.
To be found guilty of the crime of criminal storage of firearm in the first degree (with injury), filed under PC 25100(a) or 25110(a), the district attorney will need to prove that:
The defendant kept a loaded firearm on any premise within the defendant's control, and
The defendant knew, or reasonably should have known, that the loaded firearm was accessible by children, or persons who are prohibited from obtaining firearms, and
The child, or person who is not lawfully entitled to possess a firearm, caused death or great bodily injury to another person with the firearm
As stated, are several degrees (levels) of criminal storage of a firearm offenses. The difference in degrees depends on the facts of each case.
For example, if a child finds a gun where the defendant knew a child could easily find the gun, and the child takes that gun to school (a public place), and the child causes great bodily injury to another student with the gun, the criminal charge against the defendant would be PC 25100(a), criminal storage of a firearm in the first degree.
Example 2: If a defendant leaves a gun where a child could easily obtain the gun, but the child never actually hurts anyone with the gun (or even finds the gun), the criminal charge against the defendant would likely be criminal storage of a firearm in the third degree.
PC 25100 Penalties
Criminal storage of a firearm crimes are usually filed as misdemeanors; however, PC 25100(a)) and PC 25110(a) crimes are classified as wobblers, which means that those charges may be filed as a misdemeanor or as a felony.
Whether or not the district attorney files a misdemeanor or felony charge of criminal storage of a firearm in the first degree under PC 25100(a) or 25110(a), depends largely upon the facts particular the alleged crime and the defendant's criminal history
First Degree:: If found guilty of first degree felony criminal storage of firearm, under PC 25100(a) or PC 25110(a), as a felony, the defendant may face up to three years in jail. If found guilty of misdemeanor criminal storage of a firearm, under PC 25100(a) or PD 25110(a), the defendant could face up to one year in jail
Second Degree: If found guilty of second degree misdemeanor criminal storage of a firearm under PC 25100(b) or 25110(b), the defendant may face up to one year in the county jail.
Third Degree: If found guilty of third degree misdemeanor criminal storage of firearm under PC 25100(c) or 25110(c), the defendant may face up to 180 days in the county jail.
Note: Probation sentences, with or without jail, are allowed in both PC 25100, & 25110, cases. Also, any jail sentence that might be ordered after a conviction for PC 25100 or 2511 , including a jail sentence for a felony conviction, would be served in a local county jail, as opposed to a state prison, and that jail sentence may be split (served half in custody and half out of custody [on work release or house arrest]), or suspended (not served unless the defendant violates the terms of his or her probation sentence)
Note: It is not unusual to see willful child endangerment criminal charges filed along with criminal storage of a firearm because the facts of a typical PC 25100 or 25110 case tend to incorporate facts that would also lead the district attorney to file willful child endangerment charges.
In addition to any jail or prison punishment, the defendant may face fines, probation terms, adverse consequences with immigration or professional licensing, criminal protective orders, restitution, and more.
Defense to PC 25100 & 25110
The most common defense to criminal storage of a firearm offense is perhaps insufficient evidence to prove every element of the charge beyond a reasonable doubt. However, other defenses may apply depending on the facts of the case. Other defenses can include, but are limited to, mistake of fact, statute of limitations, coerced confessions, and more.
If you are charged with either a misdemeanor or felony criminal storage of a firearm crime (PC 25100 or 25110 crimes), contact our experienced and successful criminal defense attorneys today. Our criminal defense team dedicates 100% of their practice to criminal defense and initial consultations are provided at no cost. Call today!
Criminal Storage of Firearm PC 25135(a)
Criminal Storage of a firearm second degree PC 25100(b) & 25110(b)
Criminal Storage of a firearm third degree PC 25100(c) & 25110(c)
Quick Legal Reference
Crime: Criminal Storage of a Firearm
Code: PC 25100(a)
Wobbler: Yes. PC 25100(a) is a wobbler. This means that PC 25100(a) may be charged as a felony or as a misdemeanor.
Incarceration: Felony PC 25100(a) jail sentence: 16 months, 2 or 3 years (if probation not granted). Misdemeanor jail sentence up to 1 year.
Probation: Probation may be available in PC 25100(a) cases (assuming other crimes or enhancements that bar a probation sentence are not present). Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.
Work Release or House Arrest: In some cases, a probation sentence can include actual in-custody county jail, house arrest (electronic monitoring), or work release (or some combination of these penalties); however, most in-custody jail sentence orders that are required as a terms of probation are much shorter than the maximum jail sentence.
PC 1170(h)): Yes. PC 25100(a) is subject to PC 1170(h) sentencing. This means that any jail or prison sentence may be:
Split (half in-custody / half out-of-custody)
Suspended (possibly never served)
Served in county jail (not state prison)
Note: Limitations may apply
Strike: PC 25100(a) is not a strike offense listed in California's Three Strikes law.
Credits: 50% good conduct credits available.
CIMT: PC 25100(a) is not a crime involving moral turpitude.
Firearms: Felony PC 25100(a) convictions prohibit the defendant from owning or possessing a firearm.
Bail: $25,000 (Felony); $5,000 (Misdemeanor) (San Bernardino )
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