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Thread: What exactly is "locked"

  1. #1
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    The other day, I was cleaning out my car of nine months and noticed (OK I'm not that observant) that my glove compartment locks.

    So here's my hypothetical question:
    I decide to open carry. In my daily comings and goings I drive past near or around several schools (You just can't avoid them......These kids are everywhere! LOL). So I am required "By Law" to have my unloaded gun under lock and key, right?.....

    Does a locking glove compartment count?

    Curious minds want to know!

  2. #2
    Regular Member mjones's Avatar
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    Frosty_In_CA wrote:
    The other day, I was cleaning out my car of nine months and noticed (OK I'm not that observant) that my glove compartment locks.

    So here's my hypothetical question:
    I decide to open carry. In my daily comings and goings I drive past near or around several schools (You just can't avoid them......These kids are everywhere! LOL). So I am required "By Law" to have my unloaded gun under lock and key, right?.....

    Does a locking glove compartment count?

    Curious minds want to know!
    No.

    ------------

    626.9. (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995.
    (3) "Locked container" has the same meaning as that term is given
    in subdivision (c) of Section 12026.1.


    12026.1. (a) (1) The firearm is within a motor vehicle and it is locked in the
    vehicle's trunk or in a locked container in the vehicle other than
    the utility or glove compartment.


  3. #3
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    Well can you cite CVC? lol

    Thanks! I KNEW someone would have an answer. :?

    So what type does "qualify"?

  4. #4
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    CPC 12026.2(d)
    As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.
    Or, as noted above, the trunk of your car would count as well provided that it is locked.

  5. #5
    Regular Member Decoligny's Avatar
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    The container need to totally enclose the firearm.

    The container needs to be "secure". They don't define the term secure, but it has been discussed to death and the concensus seems to be that if a 10 year old can get into it without using any tools, then it probably isn't secure.

    It has to be locked. The PC actually mentions either a key lock, or combination lock, but I think the biometric locks would probably also qualify.



  6. #6
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    Here's some info for ya:

    http://www.calguns.net/calgunforum/s...highlight=lucc

    Also, checK out this guy's video. It might help to give you some ideas on legal carry options:

    http://www.calguns.net/calgunforum/s...highlight=lucc

  7. #7
    Regular Member mjones's Avatar
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    Hmmm, it just dawned on my that 626.9 explicitly defines a locked container as the definition in 12026.1(c)

    Doesn't this mean that 12026.1(a)(1), 12026.1(a)(2) and 12026.1(b) do not apply? Also 12026.2(d) would not apply?

    In other words, using a locking utility/glove compartment would satisfy the requirement of 12026.1(c) for the purposes of 626.9

    -------

    12026.1. (a) Section 12025 shall not be construed to prohibit any
    citizen of the United States over the age of 18 years who resides or
    is temporarily within this state, and who is not prohibited by state
    or federal law from possessing, receiving, owning, or purchasing a
    firearm, from transporting or carrying any pistol, revolver, or other
    firearm capable of being concealed upon the person, provided that
    the following applies to the firearm:
    (1) The firearm is within a motor vehicle and it is locked in the
    vehicle's trunk or in a locked container in the vehicle other than
    the utility or glove compartment.
    (2) The firearm is carried by the person directly to or from any
    motor vehicle for any lawful purpose and, while carrying the firearm,
    the firearm is contained within a locked container.
    (b) The provisions of this section do not prohibit or limit the
    otherwise lawful carrying or transportation of any pistol, revolver,
    or other firearm capable of being concealed upon the person in
    accordance with this chapter.
    (c) As used in this section, "locked container" means a secure
    container which is fully enclosed and locked by a padlock, key lock,
    combination lock, or similar locking device.


  8. #8
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    mjones wrote:
    Hmmm, it just dawned on my that 626.9 explicitly defines a locked container as the definition in 12026.1(c)

    Doesn't this mean that 12026.1(a)(1), 12026.1(a)(2) and 12026.1(b) do not apply? Also 12026.2(d) would not apply?

    In other words, using a locking utility/glove compartment would satisfy the requirement of 12026.1(c) for the purposes of 626.9
    The definition applies only to 626.9 and only satisfies the exemption of that statute. So, locking in your glove compartment might get you around 626.9, but not 12025. Since there is no way that 626.9 applies without 12025 also applying, there's no loophole.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  9. #9
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    See you guys are soooooooo smart. Because I was having the same issue of which one of these take precedence?

    Hey I'm new to this Open carry thing!

    Not new to liberty though.

    I was born with it!

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