• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

My glove box

eraseallhope

Regular Member
Joined
Jan 11, 2009
Messages
101
Location
, ,
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 shitty 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?
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
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
 

N6ATF

Banned
Joined
Jul 22, 2009
Messages
1,401
Location
San Diego County, CA, California, USA
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.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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?
 

yelohamr

Regular Member
Joined
Sep 30, 2009
Messages
516
Location
Vista, California, USA
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.
 

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
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.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
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...)
 

yelohamr

Regular Member
Joined
Sep 30, 2009
Messages
516
Location
Vista, California, USA
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.
 

camsoup

Regular Member
Joined
Feb 23, 2008
Messages
167
Location
Red Bluff, California, USA
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.
 

inbox485

Regular Member
Joined
Jul 10, 2009
Messages
353
Location
Riverside County, California, USA
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)).
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
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.
 

inbox485

Regular Member
Joined
Jul 10, 2009
Messages
353
Location
Riverside County, California, USA
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. :)
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
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.)
 
Top