Results 1 to 15 of 15

Thread: My glove box

  1. #1
    Regular Member
    Join Date
    Jan 2009
    Location
    , ,
    Posts
    101

    Post imported post

    So if my glove box has a key and i can lock it



    i'm legal to unload and lock my firearm in the glove box correct?

    even though it might be a ****** situation if im asked for my license and regestration, if my paper work is in the glove box also, but i can put that info somewhere else



    main question.. a glove box with a lock and key is legal to store a unloaded fire arm and loaded magazine correct?

  2. #2
    Regular Member Gundude's Avatar
    Join Date
    Sep 2009
    Location
    Sandy Eggo County
    Posts
    1,691

    Post imported post

    pc 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.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  3. #3
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    In case you didn't get the gist of the Penal Code shown above, your assertion that the locked glovebox is OK to store your gun in is absolutely:

    INCORRECT

  4. #4
    Banned
    Join Date
    Jul 2009
    Location
    San Diego County, CA, California, USA
    Posts
    1,402

    Post imported post

    Aside from the penal code already stated, one only need remember the maxim of CA government that law-abiding gun owners shall be prevented from immediate, effective, hassle-free self-defense in every way possible.

  5. #5
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    You might have a Fourth Amendment defense should the gun be found in a search absent a warrant, probable cause, or your consent, but really, why chance it - why not keep it in another type of still easily accessible contaier?

  6. #6
    Regular Member
    Join Date
    Sep 2009
    Location
    Vista, California, USA
    Posts
    516

    Post imported post

    I got my Center of Mass gun safe the other day. It has a cable that can secure the safe to the seat frame of the car. The cable is long enough to keep the safe on the passenger seat, which is easier than unlocking the glove box while driving.



    I can put the securedsafe under the seat when I'm not in the car.

  7. #7
    Regular Member
    Join Date
    Sep 2009
    Location
    Harrah, Oklahoma
    Posts
    769

    Post imported post

    yelohamr wrote:
    I got my Center of Mass gun safe the other day. It has a cable that can secure the safe to the seat frame of the car. The cable is long enough to keep the safe on the passenger seat, which is easier than unlocking the glove box while driving.



    I can put the securedsafe under the seat when I'm not in the car.
    Did you get the key or combo one? The combo has to be in just the right position for the numbers to spin.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  8. #8
    Regular Member
    Join Date
    Sep 2009
    Location
    San Jose, California, USA
    Posts
    108

    Post imported post

    yeah I wish the numbers spun easier. Fits on top of my center console perfectly in either car.

  9. #9
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    On a side not... I've found people often confuse the law as prohibiting putting a firearm in your glove box or utility compartment (console). To clarify, this is not true.

    The law only states that those two places do not meet the exemption criteria. However, there is nothing in the law to prevent you from transporting your firearm in these areas of your vehicle, so long as you have them in some sort of locking container that meets the exemption.

    Another interesting side note is that 12025 only prohibits "carrying" a concealed firearm, not "possessing" one. Per the CA Court of Appeals in People v Overturf, there is a distinct difference. So, in theory, it is not illegal to conceal a firearm, unless you are "carrying" it from one place to another. (But I won't be the test case on this one...)
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  10. #10
    Regular Member
    Join Date
    Sep 2009
    Location
    Vista, California, USA
    Posts
    516

    Post imported post

    chewy352 wrote:
    yelohamr wrote:
    I got my Center of Mass gun safe the other day. It has a cable that can secure the safe to the seat frame of the car. The cable is long enough to keep the safe on the passenger seat, which is easier than unlocking the glove box while driving.



    I can put the securedsafe under the seat when I'm not in the car.
    Did you get the key or combo one? The combo has to be in just the right position for the numbers to spin.
    Combo.

  11. #11
    Regular Member
    Join Date
    Feb 2008
    Location
    Red Bluff, California, USA
    Posts
    167

    Post imported post

    CA_Libertarian wrote:
    On a side not... I've found people often confuse the law as prohibiting putting a firearm in your glove box or utility compartment (console). To clarify, this is not true.

    The law only states that those two places do not meet the exemption criteria. However, there is nothing in the law to prevent you from transporting your firearm in these areas of your vehicle, so long as you have them in some sort of locking container that meets the exemption.

    Another interesting side note is that 12025 only prohibits "carrying" a concealed firearm, not "possessing" one. Per the CA Court of Appeals in People v Overturf, there is a distinct difference. So, in theory, it is not illegal to conceal a firearm, unless you are "carrying" it from one place to another. (But I won't be the test case on this one...)
    Ever since I became aware of and read through the Overturf case I have thought the same thing. While it may be illegal for me to carry a concealed handgun, it doesnt say it is illegal to possess one.

    Im with you though, not wanting to be the test case, but with Overturf as a defense and the distinct difference it implies between "carrying" and "possessing" one may actually have a pretty good case against a concealed weapons charge if it was locked in a glove box.

  12. #12
    Regular Member
    Join Date
    Jul 2009
    Location
    Riverside County, California, USA
    Posts
    353

    Post imported post

    CA_Libertarian wrote:
    On a side not... I've found people often confuse the law as prohibiting putting a firearm in your glove box or utility compartment (console). To clarify, this is not true.

    The law only states that those two places do not meet the exemption criteria. However, there is nothing in the law to prevent you from transporting your firearm in these areas of your vehicle, so long as you have them in some sort of locking container that meets the exemption.

    Another interesting side note is that 12025 only prohibits "carrying" a concealed firearm, not "possessing" one. Per the CA Court of Appeals in People v Overturf, there is a distinct difference. So, in theory, it is not illegal to conceal a firearm, unless you are "carrying" it from one place to another. (But I won't be the test case on this one...)
    Holly smokes! I just checked 12031 and it also uses the term carry ("carries a loaded firearm on his or her person or in a vehicle"). So technically you can put a loaded gun in your center console and leave it there until one of the self defense exemptions apply.

    You still have to contend with 626.9 which brings you back to ULCC any time you are within 1000 feet of a school. Unless... you can claim your car is a place of business (626.9(c)(1)).

  13. #13
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748

    Post imported post

    inbox485 wrote:
    Holly smokes! I just checked 12031 and it also uses the term carry ("carries a loaded firearm on his or her person or in a vehicle"). So technically you can put a loaded gun in your center console and leave it there until one of the self defense exemptions apply.

    You still have to contend with 626.9 which brings you back to ULCC any time you are within 1000 feet of a school. Unless... you can claim your car is a place of business (626.9(c)(1)).
    I didn't know Holly smoked. The things you learn about people...

    On a more serious note, if Overturf has warped the meaning of these words this much, what is to stop somebody from building a remote control device which would load a weapon to get around this law?

    Here is my scenario: I walk into a restaurant and sit down for dinner. I pull my handgun out of my locked container and place my gun loading device on the table as well. I put the gun into the device which loads the gun and presents it so I could easily grab it and use it if need be. At the end of my meal I press a button on my remote control, which unloads the gun for me and presents it to me again. I take the unloaded gun and put it back into my locked container.

    At no time am I carrying the gun, it is simply in my possession because it is so close to me.

  14. #14
    Regular Member
    Join Date
    Jul 2009
    Location
    Riverside County, California, USA
    Posts
    353

    Post imported post

    bigtoe416 wrote:
    inbox485 wrote:
    Holly smokes! I just checked 12031 and it also uses the term carry ("carries a loaded firearm on his or her person or in a vehicle"). So technically you can put a loaded gun in your center console and leave it there until one of the self defense exemptions apply.

    You still have to contend with 626.9 which brings you back to ULCC any time you are within 1000 feet of a school. Unless... you can claim your car is a place of business (626.9(c)(1)).
    I didn't know Holly smoked. The things you learn about people...

    On a more serious note, if Overturf has warped the meaning of these words this much, what is to stop somebody from building a remote control device which would load a weapon to get around this law?

    Here is my scenario: I walk into a restaurant and sit down for dinner. I pull my handgun out of my locked container and place my gun loading device on the table as well. I put the gun into the device which loads the gun and presents it so I could easily grab it and use it if need be. At the end of my meal I press a button on my remote control, which unloads the gun for me and presents it to me again. I take the unloaded gun and put it back into my locked container.

    At no time am I carrying the gun, it is simply in my possession because it is so close to me.
    Couple that with the theory that 626.9 only applies if the school provides "instruction in kindergarten or grades 1 to 12, inclusive", and you load a separate gun in your garage, put it in the car and don't touch it unless self defense applies.

    And while I don't know any people named Holly, holly (the plant) smokes just fine as far as I know.

  15. #15
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    inbox485 wrote:
    Holly smokes! I just checked 12031 and it also uses the term carry ("carries a loaded firearm on his or her person or in a vehicle"). So technically you can put a loaded gun in your center console and leave it there until one of the self defense exemptions apply.
    Even if we were allowed the Overturf criteria, I believe that if your car is moving, 12031 would still apply.

    From the Overturf ruling:

    ...the verb "carry" in relevant definition connotes "to convey, or transport ...;" and "to transfer from one place ... to another." (Id. at p. 412.)
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •