What is “CAP” law & State summary

”Child Access Protection “ laws are commonly referred to as “CAP” laws.  Many states have variations of law(s) that may hold the owner of the firearm responsible if their firearm is used to cause injury or death if the firearm is not stored properly.    Pro-Lok is attempting to consolidate different State laws onto this website but we cannot offer any assurance that our website will contain accurate, complete or updated information. The exact law(s) vary from State to State and you should check with your home State to find out what your local law(s) are.  Pro-Lok will be adding pages to this section and this section shall be considered “under construction”.

California
SB 9 (Stats. 2001, ch. 126) (Soto)
Effective January 1, 2002, raises the age of persons who are considered “children” for purposes of criminal storage of a firearm from a person under 16 years of age to a person under 18 years of age. Provides that a person who is guilty of criminal storage of a firearm shall be guilty of an additional misdemeanor and subject to a $5,000 fine if the child took the firearm to a school or specified school-sponsored activity (PC §§ 12035, 12036).

Effective January 1, 2002, makes changes to two of the warnings required to be posted by firearms dealers pursuant to Penal Code sections 12071(b)(7)(A) and 12071(b)(7)(B). The revised warnings, which must be in block letters of not less than one (1) inch, are as follows:

IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING. 

IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.

Commencing January 1, 2002, revises PC section 12071(b)(7)(C) to require firearms dealers to post the following new sign in block letters of not less than one (1) inch: