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Gun hardcase with Cable Lock on Gun - Keys?

S

SomeGuyInCali

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Jun 21, 2009
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Modesto, CA, California, USA
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So I did some searching on this forum regarding locked carry of a pistol. If I enter a restricted zone I am sure to lock my firearm up.
Are there any instances of case law or direct law regarding the key being in the lock?
 
Decoligny

Decoligny

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Rosamond, California, USA
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SomeGuyInCali wrote:
So I did some searching on this forum regarding locked carry of a pistol. If I enter a restricted zone I am sure to lock my firearm up.
Are there any instances of case law or direct law regarding the key being in the lock?
Click to expand...


I don't know if I am making an assumption of not, so a quick question for clarity.

1. Is the gun locked with just the cable lock shown?

2. Is the hard case locked also?

If the anwer to #2 is "NO", then you are illegally transporting a concealed weapon.

The gun has to be totally enclosed in a secure container, and the container itself has to be locked. If this is not the case, then you are in violation of PC 12025.
 
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SomeGuyInCali

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Modesto, CA, California, USA
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OKay... I'm playing devils advocate here... What is the purpose of the locked container? Is it to secure the gun from immediate use? Or is it to prevent others from readily seeing it?
 
C

CA_Libertarian

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Stanislaus County, California, USA
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SomeGuyInCali wrote:
OKay... I'm playing devils advocate here... What is the purpose of the locked container? Is it to secure the gun from immediate use? Or is it to prevent others from readily seeing it?
Click to expand...
Since the statute doesn't require opaque containers, I don't think anybody could argue the purpose is to prevent visibility. The only statutory requirments for the container are: (1) fully-enclosed and (2) secured with a lock.

Cable locks obviously don't satisfy the former requirement.

And to answer your original question:

There's no statute or case law that I am aware of that defines "secure", so it would be up to the judge/jury to decide. My guess is they would think that having the key in the lock would make your container not secure any more.
 
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