Criminal Storage of a Firearm – California Penal Code 25100 PC

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Strong Legal Representation for PC 25100 Charges in California

If you have been charged with criminal storage of a firearm in California do not assume you are facing a minor misdemeanor. Most cases are filed as misdemeanors but when a child gained access to the improperly stored firearm and caused death or great bodily injury the charge becomes a felony carrying state prison time. These cases are emotionally difficult and legally complex and they require immediate attention from an attorney who understands both the firearms statutes and the additional charges prosecutors frequently file alongside them. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms and weapons charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

Criminal Storage of a Firearm Under California Law

Penal Code 25100 applies to any person who keeps a firearm in a location where they know or reasonably should know a child under 18 is likely to gain access and fails to store it appropriately. The statute does not require that a child actually finds or uses the firearm — unsecured storage alone is sufficient for a charge in certain circumstances.

California gun storage laws require that a firearm be kept in one of the following ways when a minor may be present:

  • Stored in a locked container
  • Secured with a trigger lock
  • Kept in a location where a child is not reasonably likely to gain access

The charge reaches beyond parents. It applies to any person who keeps a firearm in a home or location where minors are present or likely to be present including:

  • Parents and legal guardians
  • Grandparents, relatives, and other adults in the household
  • Gun owners who have minors as regular visitors even if no child lives there
  • Anyone in whose home or vehicle a firearm is kept and a minor has access

The charge applies regardless of whether the child lives in the home or is simply a frequent visitor. What matters is whether the defendant knew or should have known a child was likely to be in a position to access the firearm.

Is Criminal Storage of a Firearm Always a Misdemeanor in California?

Most people charged under this statute assume they are facing a minor misdemeanor. That assumption is wrong in the most serious cases. PC 25100 is a misdemeanor in most circumstances but it becomes a felony when a child gains access to the improperly stored firearm and uses it to cause death or great bodily injury. When a tragedy has occurred the charge escalates to a felony with state prison exposure and the defense becomes significantly more complex and urgent from day one.

The specific subsection charged determines everything about the severity of the case:

  • PC 25100(a): a child obtains access to the firearm but no harm results — misdemeanor
  • PC 25100(b): a child obtains access and causes injury to themselves or another person — misdemeanor
  • PC 25100(c): a child obtains access and causes death or great bodily injury — felony

Penalties for Criminal Storage of a Firearm

The penalties depend entirely on which subsection the prosecution charges:

  • Misdemeanor under PC 25100(a) or (b): up to one year in county jail and fines up to $1,000
  • Felony under PC 25100(c): 16 months, 2 years, or 3 years in state prison and fines up to $10,000
  • All convictions result in a permanent criminal record affecting employment, housing, and professional licensing
  • Non-citizens face potential immigration consequences including deportation for felony convictions
  • A felony conviction triggers the loss of all firearm rights
  • Courts will typically order restitution to the victim’s family in cases involving injury or death

When a child died prosecutors in Los Angeles regularly file involuntary manslaughter charges alongside the storage charge. When both charges are filed the combined sentencing exposure increases substantially and the defense must address them together from the outset because the strategy for one directly affects the other.

Legal Defenses Against Criminal Storage Charges

The Firearm Was Properly Secured

The most direct defense. When the firearm was stored in a locked container, secured with a trigger lock, or kept in a location where a child could not reasonably gain access the statute is not violated. Our criminal defense attorney examines the storage conditions, the type of lock or container used, and the accessibility of the firearm from the perspective of a child in that specific environment.

No Reason to Know a Child Had Access

PC 25100 requires that the defendant knew or reasonably should have known a child was likely to access the firearm. When the defendant had no reason to know a minor was present, when the minor was not a resident of the home and was not a regular visitor, or when the circumstances of access were genuinely unforeseeable the knowledge element may not be satisfied.

Child’s Access Was Unlawful or Unexpected

When a child gained access to a firearm through breaking a lock, forcing open a secured container, or otherwise circumventing storage measures the defendant took the charge is significantly weakened. The statute is not intended to hold gun owners criminally liable for storage breaches they could not reasonably have anticipated.

Frequently Asked Questions About PC 25100 Charges

Is criminal storage of a firearm always a misdemeanor in California? Most PC 25100 cases are filed as misdemeanors but the charge becomes a felony under PC 25100(c) when a child gains access to the improperly stored firearm and causes death or great bodily injury. The outcome depends entirely on what happened after the child accessed the firearm.

What counts as proper firearm storage under California law? A firearm stored in a locked container, secured with a trigger lock, or kept in a location where a child is not reasonably likely to gain access satisfies the legal standard. A firearm left in an unlocked drawer, under a mattress, or anywhere a child can easily find and reach it does not meet that standard regardless of the owner’s intentions.

What are California’s gun storage laws in 2025? California requires that firearms be stored in a locked container or secured with a trigger lock when not in use and when a child may be present. Violating this requirement when a minor gains access is a criminal offense under PC 25100 regardless of whether the child is harmed. The law applies to all gun owners and anyone who keeps a firearm where a minor is present or likely to be present.

Can I be charged if I did not know a child had access to my firearm? The statute requires proof that the defendant knew or should have known a child was likely to access the firearm. When there was no reason to know a minor was present or would be present in the location where the firearm was stored that knowledge element can be challenged and the charge may not be sustainable.

Can a PC 25100 charge be dismissed or reduced? In many cases the answer depends on the storage conditions and the specific circumstances of how the child gained access. When the storage met the legal standard, when the defendant had no reasonable basis to foresee a child’s access, or when the prosecution cannot prove the knowledge element the charge can be challenged for dismissal. In felony cases reducing the charge to a misdemeanor through the proper storage or foreseeability defense is often the central objective of the representation.

Contact a Los Angeles Defense Attorney

A criminal storage charge in California is more serious than most people realize when first charged especially when a child was injured or killed. With over 20 years of experience defending clients against firearms and weapons charges throughout Los Angeles County Attorney Hashemi will review the storage circumstances, analyze every element the prosecution must prove, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing firearms storage and weapons charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.