Results 1 to 9 of 9

Thread: keeping weapins locked

  1. #1
    Regular Member
    Join Date
    Sep 2009
    Location
    Lemon Grove, Ca.
    Posts
    137

    Post imported post

    hoping someone can point me in the right direction. I looking to try and find the penal codes that state that firearms need to be locked and inaccessible to minors in the home.
    "Sooner or later we all must die. Warriors choose to do so on their feet, standing between their enemies and those they hold dear. With a weapon in their hands. Cowards choose to do so on their bellies. Unarmed."
    - Dave Gell (inspired by author David Weber)

    "The tragic history of civilian disarmament cries a warning against any systematic attempts to render innocent citizens ill-equipped to defend themselves from tyrant terrorists, despots or oppressive majorities,"
    - Daniel Schmutter

  2. #2
    Regular Member
    Join Date
    Aug 2009
    Location
    "Hoity-toity" Palo Alto, California, USA
    Posts
    103

    Post imported post


  3. #3
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Once Heller is incorporated against the states, this law will be mooted. One of the issues addressed in Heller was DC's requirement that firearms kept in the home must be kept locked up or dismantled. SCOTUS ruled that this defeated the purpose of possessing firearms for self defense, and revoked that DC law (among others).

    So, for now:

    If you know or reasonably should know a minor has access to your home, then you must either keep it locked up -- OR -- keep it in your immediate possession/control. (IMO immediate possession/control would be within arm's reach.)
    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.

  4. #4
    Regular Member
    Join Date
    Feb 2009
    Location
    Folsom, , USA
    Posts
    389

    Post imported post

    CA_Libertarian wrote:
    Once Heller is incorporated against the states, this law will be mooted. One of the issues addressed in Heller was DC's requirement that firearms kept in the home must be kept locked up or dismantled. SCOTUS ruled that this defeated the purpose of possessing firearms for self defense, and revoked that DC law (among others).

    So, for now:

    If you know or reasonably should know a minor has access to your home, then you must either keep it locked up -- OR -- keep it in your immediate possession/control. (IMO immediate possession/control would be within arm's reach.)
    Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.

  5. #5
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    Streetbikerr6 wrote:
    Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
    yes


  6. #6
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    mjones wrote:
    Streetbikerr6 wrote:
    Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
    yes
    It just dawned on my you said 'while out of the home'

    While I or my wife are IN the home, I'm plenty comfortable doing this...if we are both out of the homeeverything goes into the safes.

    If they were beyond a door that required an actual key (as opposed to a small screwdriver) I might be comfortable with it.

    This isn't something I need to deal with much. We have not kids ourselves and out of our bagillion nieces and nephews all buta few are adults.

  7. #7
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    Streetbikerr6 wrote:
    CA_Libertarian wrote:
    Once Heller is incorporated against the states, this law will be mooted. One of the issues addressed in Heller was DC's requirement that firearms kept in the home must be kept locked up or dismantled. SCOTUS ruled that this defeated the purpose of possessing firearms for self defense, and revoked that DC law (among others).

    So, for now:

    If you know or reasonably should know a minor has access to your home, then you must either keep it locked up -- OR -- keep it in your immediate possession/control. (IMO immediate possession/control would be within arm's reach.)
    Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
    According to the PC it is only a crime if a child actually gets ahold of the gun, and the child takes it to a school, or the child harms him/herself or someone else with the gun.

    So, from a strictly legal standpoint, you could "legally" leave your loaded firearms laying all over the house with dozens of little kids running freely as long as none of them do anything with the guns. (DO NOT TRY THIS AT HOME).

    From a safety standpoint, unless the firearm is under the direct control of a responsible adult, it should be inaccessable to children, i.e. locked up.


  8. #8
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Streetbikerr6 wrote:
    Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
    Sorry for the delayed response... just now getting caught up with forum activity after a little break.

    As others have indicated, it's only a crime if a child gains possession of the firearm AND takes the firearm into a public place OR causes harm to self/others with said firearm.

    Now, what would a jury consider "secure"? ... your guess is as good as mine. I err on the side of caution... that child is gonna have to have a crow bar and a lot of help to get to it. Your standard interior door may not meet the jury's standards (I've personally seen one door lock defeated by a Q-tip).
    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.

  9. #9
    Regular Member
    Join Date
    Jul 2009
    Location
    Riverside County, California, USA
    Posts
    353

    Post imported post

    In addition to the above, based on the wording of the statute, you can give the minor the key/combo to the locked gun for emergency use.

Posting Permissions

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