California 2019-2020 Regular Session Status: Enacted 3 D cosponsors

SB 172 — Firearms.

Last action — Chaptered by Secretary of State. Chapter 840, Statutes of 2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2019. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, subject to exceptions, generally requires the loan of a firearm to be conducted by a firearms dealer. This bill would authorize the temporary transfer of a firearm without a firearms dealer's participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide, as specified. The bill would also authorize the loan of a firearm without a firearms dealer's participation under other specified circumstances and if certain conditions are met, as specified. (2) Under existing law a person commits the crime of criminal storage of a firearm if the person keeps a loaded firearm within a premises with knowledge that a child is likely to gain access to the firearm. This bill would make the crime of criminal storage applicable to the storage of an unloaded firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program. (3) Existing law makes it a crime to keep a handgun within a premises with knowledge that a child or person prohibited from possessing a firearm is likely to gain access if the child or prohibited person obtains access to the handgun and carries it off premises. This bill would make this crime applicable to any firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program. (4) Existing law makes it a crime for an owner or legal occupant of a residence to store a firearm in that residence if the person knows another person residing in that residence is prohibited from possessing a firearm unless the firearm is secured, as specified. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. The bill would also correct an erroneous cross-reference. By creating a new crime, this bill would impose a state-mandated local program. (5) Existing law provides for the licensure and regulation of community care facilities for adults, residential care facilities for persons with chronic life-threatening illness, and residential care facilities for the elderly by the State Department of Social Services. Violations of the licensing requirements for these different types of care facilities are crimes. This bill would require the department to promulgate regulations prescribing the procedures for a firearm and ammunition to be centrally stored in a locked gun safe within any of those facilities if the facility permits licensees, residents, or clients to possess firearms on its premises. Because a violation of these requirements by a facility would be a crime, the bill would impose a state-mandated local program. The bill would additionally make other conforming changes to regulatory provisions for specified community care facilities for adults. (6) This bill would incorporate additional changes to Section 31700 of the Penal Code proposed by AB 1292 to be operative only if this bill and AB 1292 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Section 26835 of the Penal Code proposed by AB 645 and SB 61 to be operative only if this bill, AB 645, and SB 61 are enacted and this bill is enacted last. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 840, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 12. Page 2888.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 52. Noes 22. Page 3436.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 13. Noes 4.) (August 30).

  12. August 14 set for first hearing. Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 2). Re-referred to Com. on APPR.

  14. From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 5. Noes 2.) (June 25). Re-referred to Com. on HUM. S.

  15. Coauthors revised.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  17. Referred to Coms. on PUB. S. and HUM. S.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 26. Noes 9. Page 1210.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 4. Noes 2. Page 1091.) (May 16).

  22. Set for hearing May 16.

  23. May 13 hearing: Placed on APPR. suspense file.

  24. Set for hearing May 13.

  25. Read second time and amended. Re-referred to Com. on APPR.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 775.) (April 22).

  27. Set for hearing April 22.

  28. Re-referred to Com. on HUMAN S.

  29. Re-referred to Com. on RLS.

  30. Withdrawn from committee.

  31. Read second time and amended. Re-referred to Com. on APPR.

  32. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 525.) (April 2).

  33. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  34. Set for hearing April 2.

  35. Referred to Com. on PUB. S.

  36. From printer. May be acted upon on or after February 28.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 11 voted No

Sponsors (1)

  • Portantino

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB172 Portantino et al. Concurrence

Passed 26 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18801
Democratic 8101
Republican 0300
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Roth — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Nay
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 172 Portantino Senate Third Reading By Gabriel

Passed 52 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 321703
Democratic 20002
Republican 0500
Total 522205
% of votes cast 66%28%0%6%
How each member voted (79)
Member Party Vote
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Salas — Nay
Fong — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Frazier — Nay
Bigelow — Nay
Cooley — Nay
Cunningham — Nay
Diep — Nay
Voepel — Nay
Obernolte — Nay
Gray — Nay
Melendez — Nay
Waldron — Nay
Cooper — Not Voting
Rodriguez — Not Voting
Kamlager-Dove — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 8401
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Diep — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

3rd Reading SB172 Portantino et al.

Passed 26 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 18603
Democratic 8100
Republican 0200
Total 26903
% of votes cast 68%24%0%8%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Not Voting
Moorlach — Not Voting
Roth — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Nay
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 172 do?
(1) Existing law, subject to exceptions, generally requires the loan of a firearm to be conducted by a firearms dealer. This bill would authorize the temporary transfer of a firearm without a firearms dealer's participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide, as specified. The bill would also authorize the loan of a firearm without a firearms dealer's participation under other specified circumstances and if certain conditions are met, as specified. (2) Under existing law a person commits the crime of criminal storage of a firearm if the person keeps a loaded firearm within a premises with knowledge that a child is likely to gain access to the firearm. This bill would make the crime of criminal storage applicable to the storage of an unloaded firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program. (3) Existing law makes it a crime to keep a handgun within a premises with knowledge that a child or person prohibited from possessing a firearm is likely to gain access if the child or prohibited person obtains access to the handgun and carries it off premises. This bill would make this crime applicable to any firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program. (4) Existing law makes it a crime for an owner or legal occupant of a residence to store a firearm in that residence if the person knows another person residing in that residence is prohibited from possessing a firearm unless the firearm is secured, as specified. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. The bill would also correct an erroneous cross-reference. By creating a new crime, this bill would impose a state-mandated local program. (5) Existing law provides for the licensure and regulation of community care facilities for adults, residential care facilities for persons with chronic life-threatening illness, and residential care facilities for the elderly by the State Department of Social Services. Violations of the licensing requirements for these different types of care facilities are crimes. This bill would require the department to promulgate regulations prescribing the procedures for a firearm and ammunition to be centrally stored in a locked gun safe within any of those facilities if the facility permits licensees, residents, or clients to possess firearms on its premises. Because a violation of these requirements by a facility would be a crime, the bill would impose a state-mandated local program. The bill would additionally make other conforming changes to regulatory provisions for specified community care facilities for adults. (6) This bill would incorporate additional changes to Section 31700 of the Penal Code proposed by AB 1292 to be operative only if this bill and AB 1292 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Section 26835 of the Penal Code proposed by AB 645 and SB 61 to be operative only if this bill, AB 645, and SB 61 are enacted and this bill is enacted last. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 172?
SB 172 is sponsored by Portantino, Bonta, Gabriel, Jesse (Democratic), Bauer-Kahan, Rebecca (Democratic), and Wiener, Scott D. (Democratic).
What is the current status of SB 172?
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Where can I track SB 172?
Track SB 172 free on One Click Politics — get push/email alerts when it moves.

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