Criminal defense attorney Michael Becker discusses California Penal Code 25100 PC, criminal storage of a firearm, the law that makes it a crime to improperly store a firearm where a child can access it.

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California Penal Code 25100 PC makes it a crime to store a firearm in a way that allows a child to gain access to it. This offense is called "criminal storage of a firearm", and it is a serious crime that can be charged as either a misdemeanor or a felony.

If a child gains access to the gun and causes harm to themselves or someone else, or brandishes the weapon in public, then the crime can be charged as a felony. As a felony, Penal Code 25100 PC can lead to up to 3 years in state prison, and up to $10,000 in fines.

However, even just storing a firearm in such as way that a child could access it, even if they do not access the weapon, can lead to criminal charges as well, and is usually filed as a misdemeanor. As a misdemeanor Penal Code 25100 PC can lead to as long as 1 year in county jail, and up to $1,000 in fines.

However there are defenses that a skilled and experienced criminal defense attorney can use to help their client fight charges of criminal storage of a firearm. There are 3 common defenses to Penal Code 25100 PC, such as:

1.) The firearm was locked up or stored in a way in which a reasonable person would assume that a child could not access it.

2.) The firearm was holstered, in the owner's possession, or nearby to the owner in such a way that they could quickly grab it if necessary.

or 3.) The police violated your constitutional rights with an illegal search or seizure when they found the gun.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.