New CA Law Requires All Firearms Be Securely Stored in Homes

CALIFORNIA — Last Tuesday, Probation Chief Chuck Henson updated the Sierra County Board of Supervisors on new California laws that are set to go into effect by next year. One of those laws, Senate Bill (SB) 53, will make it a crime to fail to securely store a firearm when “not being carried or readily controlled by the person or another lawful authorized user” within a home. Secure storage is defined as “maintained within, locked by, or disabled using a certified firearm safety device or secure gun safe.” First and second offenses would be treated as infractions with fines up to $500, with subsequent offenses chargeable as a misdemeanor. The law goes into effect on January 1st, 2026.

Members of the Board scoffed at just how restrictive the law would be toward gun owners. It expands on Child-Access Prevention (CAP) laws already in effect, which create similar restrictions for gun owners in homes where minors may gain access to unsecured firearms. In a press release, Senator Portantino (D-Burbank, succeeded 2024), who introduced the bill, said, “SB 53 will unequivocally save lives by ensuring that a firearm is stored in a manner that will prevent unintentional firearm injuries, protect Californians in the home, and deter violence in public. It also makes gun owners responsible if their gun falls into prohibited hands. Safe storage is proven to reduce firearm injuries and I’m pleased to be tightening and expanding California’s existing law.”

Upon hearing Henson’s description, Board Chair Lee Adams gave the facetious hypothetical of “Excuse me, Mr. Burglar, I have to get my gun out of my safe.” Adams expanded on that sentiment this week, saying, “While I am not a lawyer, I would think this law is certainly subject to a 2nd amendment argument, and perhaps a 4th amendment argument as well. What is the point of having a weapon in your home to defend yourself if it has to be locked up? This seems to me to be a great overreach that I hope is challenged.”

SB 53 is expected to face immediate and significant challenges in court. Notably, the US Supreme Court ruled in 2008 against a Washington DC law that required lawfully owned rifles and shotguns to be “unloaded and disassembled or bound by a trigger lock” within a home, deciding that it violated an individual’s right to keep and bear arms for the purpose of self-defense (District of Columbia v. Heller). The ruling was later clarified to also apply to states in McDonald v. City of Chicago.

The National Rifle Association’s Institute for Legislative Actions (NRA-ILA) has been involved in fighting the bill, along with several other restrictive laws also introduced, since at least early 2024, saying that it violates the Heller ruling. After the bill was signed in August of 2024, the organization said it “will continue to fight in the courts on behalf of all gun owners across the Golden State.”

Probation Chief Henson also raised questions about how such a law would be enforced. When Sierra County Sheriff Mike Fisher was asked how he would go about it, he responded, “If the question is whether the Sheriff’s Office will be conducting investigations into lawful gun owners and how they store firearms in their homes, the answer is no. I will direct my staff to use their judgment and discretion, as we do with other infractions, and focus on education rather than criminal enforcement.” Fisher added, “In cases of negligent firearm storage that lead to harm or pose a potential danger to a child, we already have laws in place to address such situations.”

The full text of the bill is available here.